The Department of Justice has dropped the remaining charges against Dominic Pezzola, the Proud Boys member convicted in 2023 who helped ignite the Jan. 6, 2021, breach of the Capitol.
Pezzola smashed a Senate-wing window with a stolen police riot shield, creating the first entry point for hundreds of rioters, later celebrating the breach in a selfie video.
U.S. District Judge Timothy Kelly last Friday dismissed the last remaining counts against Pezzola and three other Proud Boys leaders, bringing an end to one of the DOJ’s most significant Jan. 6 prosecutions after President Donald Trump’s sweeping pardons at the beginning of his second term.
Kelly granted the DOJ’s request to dismiss the case with prejudice, meaning a future administration cannot revive the charges. Although the judge acknowledged the significance of the case, he said the court had no authority to overrule prosecutors’ decision to abandon it.
“In light of fundamental separation of powers principles … the proper course here is for the Court simply to grant the motion in full,” Kelly wrote.
Friday’s ruling applied to Pezzola, Ethan Nordean, Joseph Biggs, and Zachary Rehl. Their co-defendant, Enrique Tarrio, received a full and unconditional pardon from Trump on Jan. 20, 2025, while the others had their prison sentences commuted as part of the president’s executive order granting clemency to nearly all Jan. 6 defendants.
Pezzola was acquitted of seditious conspiracy in 2023 but was convicted of several other felonies, including assaulting law enforcement officers, robbing government property by taking a Capitol Police riot shield, and destroying government property after using the shield to shatter the Capitol window. Jurors deadlocked on several remaining charges, including a separate conspiracy count, which the DOJ had continued to pursue until Friday’s dismissal.
Prosecutors argued Pezzola’s actions opened the first breach into the Capitol, allowing hundreds of rioters to stream inside. Video evidence showed him smashing the window with the stolen shield after another rioter struck the glass with a wooden object.
During his trial, Pezzola testified that he had been “caught up in the craziness” on Jan. 6. He denied personally taking the shield from a police officer, saying he picked it up from another rioter for protection after witnessing officers fire rubber bullets into the crowd.
His attorney, Roger Roots, welcomed Friday’s dismissal, arguing that “Mr. Pezzola took full responsibility for the broken window, which should have been a misdemeanor charge. His outrageous 10-year prison sentence was a disgrace.”
TRUMP SAYS LINDSEY GRAHAM WAS ‘A LITTLE TIRED’ IN PHONE CALL ‘SHORTLY BEFORE’ DEATH
In his opinion, Kelly, a Trump appointee, said there was “little mystery” behind the administration’s decision to abandon the remaining Jan. 6 cases.
“President Trump’s views about the prosecution of those who attacked the U.S. Capitol on January 6—whether those views are based on fact or fiction—are well known, as is his intention to extend clemency to them,” Kelly wrote.