Fresno anti-mask protester charged in Capitol riot to be released — under these conditions
.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 activist who was arrested by federal agents for taking part in the Jan. 6 insurrection at the U.S. Capitol — is expected to get out of Fresno County Jail by Friday, said his lawyer Roger Nuttall.
The 43-year-old Madera resident appeared before Magistrate Judge Erica P Grosjean on Wednesday requesting to be released while he awaits his next hearing on several felonies.
Those alleged crimes include entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in the Capitol building; parading; demonstrating or picketing in the Capitol building; obstructing law enforcement during civil disorder and obstructing or impeding an official proceeding.
He’s also facing additional weapons charges related to guns that were found in a Madera home where he was living with his fiance and his two children. Martin is not allowed to possess any guns as part of his probation for a misdemeanor domestic violence conviction.
Nuttall said the judge approved Martin’s release under specific conditions. For example, he must put up a $200,000 property bond that’s expected to come from his fiance’s property.
The process could take several weeks, so in the interim, the judge allowed Martin to put up $15,000 in cash and surrender his passport, allowing him to get out of jail sooner. Federal prosecutors consider Martin a flight risk.
Nuttall estimated Martin, who works as a real estate agent, should get out of jail by Friday. He also is adamant that he did not break the law in either case.
“He denies any criminal or civil liability,” Nuttall said. “There was no violence alleged at all. At best he was there protesting. He has been very interested in the Trump momentum.”
Martin’s preliminary hearings on the two separate charges will take place in the coming weeks.
The charges related to the insurrection will happen in Washington, D.C., and the weapons charge will take place in Fresno.
