Fresno-area anti-mask activist charged in Jan. 6 Capitol riot released from jail
.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, the Fresno real estate agent facing federal charges for taking part in the Jan. 6 insurrection at the U.S. Capitol, was released from the Fresno County jail Friday morning after surrendering his passport and posting a $15,000 cash bond.
Martin, 43, was arrested on Sept. 2 in Madera by federal agents and charged with several felonies.
Those charges 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.
A federal magistrate judge allowed Martin to be released from jail while he awaits further court appearances, but only under certain conditions.
Martin is required to post a property bond of $200,000 that is in the process of being approved. In the interim, the judge allowed Martin to post a cash bond of $15,000 and surrender his passport.
He is due back in court on Sept. 17 at 2 p.m. in Courtroom 7. If convicted, Martin faces a maximum statutory penalty of 10 years in prison and a $250,000 fine.
Since Jan. 6, more than 630 people have been arrested on charges related to the Capitol breach.
Activities prior to Jan. 6
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.
This story was originally published September 10, 2021 at 11:26 AM.
