Fresno-area anti-mask activist arrested in Jan. 6 riot faces new federal charge. Here’s why
.png "This photo of Benjamin Martin was included in the charging document related to the Jan. 6 insurrection at the U.S. Capitol.")
Benjamin Martin, a Fresno-area anti-mask advocate who’s already facing federal charges related to the Jan. 6 insurrection at the U.S. Capitol, has been hit with a new federal charge by the U.S. Department of Justice.
The 43-year Martin, who works as a real-estate agent, was charged in a felony criminal complaint for being a prohibited person in possession of a firearm.
According to court documents, on Sept. 2 Martin was arrested at his home in Madera on a criminal complaint related to the breach of the U.S. Capitol on Jan. 6.
With regard to the new charge, the FBI also executed federal search warrants at Martin’s home and found that he possessed several firearms, including a Benelli 12-gauge shotgun and Kimber 1911 pistol.
Martin has a prior conviction for a misdemeanor crime of domestic violence and is not allowed to possess any firearms.
The firearms were found in a locked safe inside the garage of the Madera home Martin was sharing with his girlfriend, his two children and another child, according to the criminal complaint.
In a recorded jail conversation, Martin told his girlfriend those were not his firearms. He told her the guns and the safe belonged to her father, the complaint states. But federal agents discovered two gun cases and a receipt in Martin’s closet for the shotgun.
“The receipt listed the serial number for the shotgun and Martin’s name, and showed that he purchased the shotgun in Fresno, California, in 2013,” wrote FBI special agent Connor Ledbetter in the complaint.
If convicted, Martin faces a maximum statutory penalty of 10 years in prison and a $250,000 fine.
Prior criminal history
Martin has been arrested or charged several times over the past 15 years. In 1998 he pleaded guilty to a misdemeanor burglary charge. In 2018, he was charged with battery and assault likely to produce great bodily harm in a domestic violence-related case.
He pleaded no contest to battery and was given three years formal probation. That was reduced to conditional probation in November. His probation expires Jan. 1, 2022. A criminal protective order for the victim also remains in effect.
He pleaded no contest to a wet reckless charge in July 2010 and was given three years conditional sentence. Charges of driving under influence of a drug and driving without a license were dropped in exchange for the no-contest plea to reckless driving.
Earlier this year, Martin became a leader among some who opposed local and state mandates for wearing masks as a way to prevent the spread of the potentially deadly COVID-19 virus.
Martin and his band of protesters would visit local stores and challenge the mask requirement by saying the state’s mandate violated their constitutional rights. Legal experts have said it doesn’t.
In late January, the Phoenix-based Sprouts Farmers Markets had enough of Martin’s activities and got a judge to issue a temporary restraining order preventing him from stepping within 100 yards of the store. He also is prohibited from harassing, stalking or entering the store. The restraining order was in effect until March, 29, 2021.
Martin remains at the Fresno County Jail, under a federal marshal hold.
This story was originally published September 8, 2021 at 1:46 PM.
