PHOENIX — An Arizona man arrested in May for his role in the Jan. 6 Capitol insurrection filed a motion last week for reconsideration of his detention order, but within days the federal government requested that the motion be denied.
According to a criminal complaint, James Burton McGrew, 39, faces a laundry list of charges for his actions outside and inside the Capitol including assaulting, resisting, or impeding an officer, civil disorders, entering and remaining in a restricted building, disorderly conduct and more.
McGrew was seen on social media video and photos as well as police body camera video at the Capitol that day.
The U.S. government, according to court documents, asked the court to deny McGrew's release request citing its original concern, that McGrew is a danger to the community and a flight risk.
The District of Arizona’s Pretrial Services Agency also requested detention and provided a pretrial services report detailing McGrew’s "extensive criminal history," repeated failures to appear, contempt of court violation, violations of probation, a conviction for lying to a police officer, and according to his Mississippi probation officer, McGrew’s failure to receive permission to live in Arizona.
Under the Bail Reform Act, the government may move for detention if a charged offense falls under certain categories or if the defendant poses a serious risk of flight or of attempting to obstruct justice.
McGrew, when requesting his release, also asked that video evidence of him be made public, according to court documents
The government agreed to release the video saying, "the video is further evidence of the defendant’s obstructionist behavior," court documents show.
In the days following the riot, multiple concerned citizens contacted the FBI to report McGrew's involvement, providing them with his name and photos and videos showing him participating. One person told investigators he was there to "protest the stolen vote."
McGrew was arrested in Glendale.
He is the latest Arizona arrest in connection to the Capitol riot. Others arrested include Jacob Chansley, Micajah Joel Jackson, Felicia Konold, Cory Konold, Andrew Hatley and Tim Gionet.
More than 400 people have been charged for their involvement in the Jan. 6 insurrection and more are expected.