I missed this insurrectionist Benjamin Martin of CA during an initial search of Jan 6th insurrectionists, but he represents what is becoming a central narrative of those insurrectionists: a person with a past criminal record who initially brags about his violent actions on Jan 6h, but changes his story when arrested. Martin says he was only “pushed” into the Capitol Building by the sheer numbers of the mob, and he was actively trying to de-escalate the situation.
In other words, he was just like Gandhi.
But here are the lovely details of our would be Patrick Henry turned Gandhi enthusiast:
Benjamin Martin, the Central Valley man arrested Thursday by federal authorities for his alleged participation in the Jan. 6 U.S. Capitol riot, denied the six charges against him during a short court hearing on Friday. A judge ordered that he remain in custody in the Fresno County Jail until a follow up hearing on Wednesday.
The approximately 15-minute hearing was held at the federal courthouse in downtown Fresno.
Martin’s attorney, Roger Nuttall, asked for his release because of pending real estate closings Martin — a real estate agent — is involved with.
The request did not move U.S. Magistrate Erica Grosjean, who noted Martin’s 2019 domestic battery conviction, as well as an active criminal protective order and restraining orders against him.
He’s a violent criminal.
And what does criminal Martin have to say about his actions on Jan 6th?
Federal agents searched for Martin online on Jan. 11 and found GV Wire’s story about his involvement in a Jan. 8 story.
Initially, Martin told GV Wire he attended the Jan. 6 President Donald Trump rally and was later an unwitting participant in entering the Capitol.
“There were people trying to break into the building and I was trying to calm everyone down and to get it to be a little bit peaceful and say, ‘Hey, guys, you know, we can be here and we don’t need to act out,’ ” Martin said in January. “There were some inciters who were throwing like — Trumpers don’t throw rocks at buildings. Trumpers don’t try to break windows or break doors.”
Martin claims he was trying to de-escalate the situation and only entered the Capitol when pushed in. He said he later walked out to avoid being pepper-sprayed.
The charging document had a different narrative.
First Interview in January
FBI agents from Sacramento interviewed Martin on Jan. 15. He told them a similar story as he told GV Wire.
“Martin said he was attempting to calm everyone down. Martin said he felt it was foolish for him to think he could resist so many people pushing him forward and decided to leave that location and watched the ‘protest’ continue from the Capitol grounds,” the charging document said.
The investigation showed that Martin communicated with a person only identified as “R.T.” who was “known to the FBI to have advocated for violence in the lead-up to January 6.”
According to one video the FBI found on Facebook, “Martin appears to be holding open a door to the U.S. Capitol. A law enforcement officer can be seen hitting Martin’s hand with what appears to be a baton to get him to release the door. After his hand is struck, Martin and the officer struggle over the door. Martin appears to be trying to keep the door open while the officer attempts to close it.”
Another video on YouTube allegedly showed Martin taunting law enforcement, saying to the effect of ” You guys are not doing your job. You swore an oath. You’re bound by your word. Move out of the way and let us in. Move out of the way and let us in.”
The charging document said closed-circuit video showed Martin walking into the Capitol. About two minutes later, law enforcement officers pushed Martin and others out.
More video allegedly shot after the first Martin breach showed him again in the Capitol doorway. He is hit in the head with a chair from behind, but was seemingly undeterred. Law enforcement eventually sprayed a chemical irritant into the crowd.
Yeah, that is sure Gandhi like. You have a physical struggle with a cop who is trying to keep you and others out of the Capitol Building. You are yelling at a cop to get out of the way, so you and the rest of the violent mob can get it. You “walk” into the Capitol Building (not shoved by the crowd), and the only shoving is the cops forcing you back outside. You get hit the head with a chair, but you don’t leave. And they have to hit you with chemical spray.
Anyway, “Gandhi” Martin has now been hit with six charges, and at least two of those charges carries fines and imprisonment for years.
— Obstructing law enforcement during civil disorder (18 USC § 231(a)(3)). Penalty: fine or imprisonment up to 5 years.
— Obstructing or impeding an official proceeding (18 USC § 1512(c)(2)). Penalty: fine or imprisonment up to 20 years.
The charging document was signed by U.S. Magistrate Judge G. Michael Harvey, assigned to the U.S. District Court District of Columbia.
But because he is Gandhi like, the judge released him from jail.
Agents say when they went to arrest him in Madera, they also found a safe in his room.
Inside, they found four rifles, two shotguns, a pistol, and an assault rifle.
He's not allowed to have firearms because of a domestic violence conviction in 2018 and a 2021 restraining order protecting his sister.
None of the weapons are registered and agents say Martin told them the firearms belonged to his father-in-law, but they also found his birth certificate and passport in the safe.
They also found a receipt showing Martin bought one of the shotguns.
Prosecutors filed an illegal firearms possession case against Martin Wednesday.
Capozzi says the charge will be another tough one to fight.
"He has access to the guns," Capozzi said. "He has access to the safe. So it's clear if it's not actual possession, it's constructive possession of the firearms even though he says they belong to someone else."
