North Adams man pleads guilty to a misdemeanor in connection with role in Jan. 6 Capitol riot

• By Amanda Burke, The Berkshire Eagle
• • 
    

Brian P. McCreary, center-right and wearing a mask, has pleaded guilty to a misdemeanor offense in connection with his role in Jan. 6 riot at the U.S. Capitol. He is due to be sentenced early next year, and faces up to 6 months incarceration. 

ASSOCIATED PRESS FILE PHOTO

A North Adams man photographed at the front of mob that stormed the U.S. Capitol on Jan. 6 has pleaded guilty to a misdemeanor offense, and is due to be sentenced next year. 

As part of a plea deal struck with federal prosecutors, Brian P. McCreary, 34, this week admitted to the misdemeanor offense of entering or remaining in a restricted building. According to court documents, federal sentencing guidelines suggest a penalty for McCreary, who does not have a prior criminal record, of zero to six months incarceration. 

"While inside the building, the defendant was with the mob of rioters that ascended the stairs to the second floor of the Senate side of the U.S. Capitol building, where the group was confronted by law enforcement who instructed them to peacefully exit the building," said Assistant U.S. Attorney Brandon K. Regan in an agreed statement of offense.

According to the court document, a member of law enforcement then stopped McCreary and asked if he was a member of the press. When he denied being press, he was ordered to leave the building, but later reentered the Capitol through another door that had been "kicked open." 

McCreary finally left the premises after hearing a gunshot ring out, according to the court document. In a Jan. 26 interview with the FBI, he sought to depict himself as a peacekeeper during the riot.

But he told the FBI that he went to what he called the "rally" at the Capitol "because he was frustrated with the results of the 2020 Presidential election, specifically the fact that an audit was not performed to address allegations of mass voter fraud," according to a complaint filed by FBI Special Agent Emily Eckert. Officials across many levels of government have said that there was no widespread election fraud in the 2020 presidential election. 

McCreary went on to tell The Eagle that he nonetheless wanted to document what rioters were doing — and, in the process, he was photographed alongside Jacob Chansley, the high-profile Capitol defendant who became known as the "QAnon Shaman."

At his plea agreement hearing Thursday before U.S. Chief Judge Beryl Howell, the judge confirmed that McCreary had given the government eight video clips he took during the failed insurrection. Courthouse News Service reported that one of the videos depicted the rioters chasing Capitol Police Officer Eugene Goodman. 

In court, McCreary said he should have known that his presence inside the Capitol was illicit, according to the News Service.

“I realized upon reflection that that should have been obvious to me,” he said. 

McCreary was fired from his job delivering pizza for a Domino's franchise in North Adams after Jan. 6. He is due to be sentenced Jan. 14, 2022, just over one year after the violent and deadly riot at the Capitol, and will remain free on the terms of his pre-sentencing release before that. 

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Former Domino’s employee who stormed the Capitol provides FBI with 8 video clips of Jan. 6 violence

Aysha Qamar for Daily Kos

Daily Kos Staff

Friday October 15, 2021

 

 Nine months after one of the most violent days in the history of our country, investigations are still ongoing as more than 670 people have been charged with involvement in the Jan. 6 Capitol insurrection. Despite the overwhelming amount of evidence depicting the violence of the day, some officials are continuing to play dumb and ignore the brutality that occurred. To date, officials have reviewed more than 15,000 hours of footage, making it the largest digital crime scene in history.

The best part is that most of these videos have come from the rioters themselves. Participants in the Jan. 6 Capitol insurrection not only sent photos and footage to friends and family but posted to their social media accounts. In a recent incident, the government obtained at least eight videos of the Capitol insurrection after a Massachusetts man pleaded guilty to a misdemeanor Thursday. The man, identified as Brian McCreary, was famously photographed at the Capitol riot alongside the infamous ‘QAnon shaman,’ Jacob Chansley.

McCreary’s plea comes nine months after he first told FBI investigators that it was not Trump supporters but "antifa" who stormed the halls of government. He was arrested Feb. 3, during which his cell phone was confiscated.

On Thursday McCreary accepted a misdemeanor plea of entering or remaining in a restricted building, a charge that carries a maximum of one year in prison but sentencing guidelines of zero to six months, according to the Court House News Service.

During McCreary’s hearing, U.S. Chief Judge Beryl Howell noted that McCreary provided eight video clips to the FBI that documented the violent mob.

“When you were filming, did you hear — as captured on video — ‘where are they counting the fucking votes?’” Howell asked to confirm that McCreary partook in different activities inside the Capitol.

“A lot of people were yelling, your honor,” McCreary said. “I was trying to capture what was happening.”

McCreary also admitted to following the mob inside the Capitol and realizing he should have known that he wasn’t supposed to be there.

“I realized upon reflection that that should have been obvious to me,” McCreary said.

Among the videos of the violent mob, one showed rioters attacking Capitol Police Officer Eugene Goodman. Goodman a Black Capitol Police officer, heroically diverted a mob of angry Donald Trump supporters away from the Senate chamber during the Jan. 6 Capitol insurrection. Video footage shared to social media depicted him acting quickly and selflessly as angry mob members stormed the building.

Two others pleaded guilty Thursday, bringing the total number of guilty pleas up to 103. Last week, U.S. District Judge Thomas Hogan shared that he was afraid some rioters were taking early plea deals with no remorse for their actions, and were only saying whatever they thought prosecutors wanted to hear.

“It’s become evident to me in the riot cases … that many of the defendants who are pleading guilty are not truly accepting responsibility. They seem to me to be trying to get this out of the way as quickly and as inexpensively as possible and stating whatever they have to say in guilty pleas and hoping to get probation and leave,” Hogan said.

Most of the 100 rioters who have pleaded guilty have admitted to a lesser crime than what they were originally charged with, including parading, demonstrating, or picketing in the Capitol—Class B misdemeanors that carry a maximum sentence of six months in jail. As a result, many of these individuals avoid being tried on multiple charges, some of which carried more potential prison time.

Other newly released Jan.6 insurrection videos include the infamous Eric Munchel, coined the "zip-tie guy," and his mother, Lisa Marie Eisenhart, who worked their way through protesters to end up in the U.S. Senate gallery during the insurrection.

According to the Nashville Tennessean, a federal judge overseeing the case against Munchel and Eisenhart ordered the release of the 50-minute video that was recorded on a cell phone that the son wore on his vest during the riot. "I'm going to get me some of them motherf***ers," Munchel said in the video as he and his mother grabbed handfuls of plastic handcuffs or zip ties.

Both Munchel and Eisenhart are awaiting trial on federal charges.

Officials are strategically using footage posted online by those who attended the riots to prosecute them. As time continues to pass, more individuals are being charged daily.

“The country is watching to see what the consequences are for something that has not ever happened in the history of this country before,” U.S. District Judge Tanya Chutkan said, “for actions and crimes that threaten to undermine the rule of law and our democracy.”

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POLITICO Massachusetts Playbook: Boston mayor’s race sours

 

BY LISA KASHINSKY NEW: PATRICK’S GRASSROOTS PUSH — Former Gov. Deval Patrick is helping launch a new fund today that aims to pour millions of dollars into year-round progressive grassroots organizing efforts around the country. The BridgeTogether fund will be a 501 c(3) and c(4) arm of the American Bridge 21st Century Foundation, a super PAC Patrick co-chairs. The fund plans to invest in community groups working in Georgia, Arizona and Pennsylvania to start. Its first grantees, which will receive up to $250,000 apiece, include the Stacey Abrams-founded group Fair Count; VoteRiders; 1000 Women Strong, which supports the advancement of Black women; Philadelphia-based Unity in the Community and Arizona-based VetsForward. “This is about drawing attention — and most importantly, resources — to local, high-impact grassroots organizations on an ongoing basis instead of just in time for the elections, so they are building community ... and expanding relationships of civic engagement that are foundational, I think, to the long-term success of progressive politics,” Patrick told me. It's also about keeping the Democrats in power in Washington after the 2022 midterms, and is partly a response to Republican-led efforts pushing voting restrictions nationwide. "While we wait for Congress and the courts to fix these injustices, we have to overwhelm the barriers that are being put up," Patrick said. GOOD MONDAY MORNING, MASSACHUSETTS. The Boston mayor’s race is taking an acrimonious turn. City Councilor Annissa Essaibi George again tied her rival, City Councilor Michelle Wu, to calls to “defund the police," this time on WCVB’s “On the Record” Sunday. WCVB political reporter Janet Wu said she didn’t think Michelle Wu had “ever used the word defunding.” But Essaibi George said "we can probably go back and we'll see that that's not the case." I asked Michelle Wu at an unrelated event whether she’d used the word defund before. “This is not a time for scare tactics and sound bites,” she replied. “I have said in 80-plus Zoom forums that this is an issue where we need to be nuanced and make sure that residents are safe, that we are delivering justice, and that is not an either-or.” Bostonians for Real Progress, an independent expenditure PAC supporting Essaibi George, then launched an attack ad against Wu called “Defund ." The ad, part of a six-figure buy first reported by the Dorchester Reporter, claims Wu wants to defund the police and other services. Essaibi George said she hadn’t yet seen the ad when I asked at an afternoon event (candidates can’t coordinate with PACs). But she said “if it’s talking about defunding and walking away from our responsibility as a city, that there might be some accuracies in that ad.” Wu's campaign dismissed the "dishonest, desperate attack" from Essaibi George and her allies and vowed to fight their "Trumpian tactics." It didn't end there. Wu campaign manager Mary Lou Akai-Ferguson said in a statement last night that about 20 people showed up to the councilor’s South Boston canvass kickoff with Sen. Ed Markey that morning with campaign fliers saying they would get a $100 gift card for participating in the event. But the fliers were phony; no such giveaway existed. The people told the campaign the fliers “were being passed out at the housing development across the street and the tents" near Massachusetts Avenue and Melnea Cass Boulevard. It's unclear where the fliers came from and who handed them out. But Akai-Ferguson made a point of mentioning Essaibi George in her statement, calling on Wu's rival to "condemn this despicable tactic." “We had no knowledge of it and would never stoop to such low levels," Essaibi George communications director Nicole Caravella said in a statement. "Our most vulnerable residents need our help, not to be grossly misled for some disgusting political stunt." TODAY — Gov. Charlie Baker, Lt. Gov. Karyn Polito and administration officials kick off STEM Week at 11 a.m. at the MIT Media Lab in Cambridge. Baker and Polito join House Speaker Ron Mariano, Senate President Karen Spilka and Republican leaders for their weekly leadership meeting at 2 p.m. Polito visits schools in Everett at 12:30 p.m. and West Medford at 4:30 p.m. State Auditor Suzanne Bump testifies on her “Accountability Agenda” at 10 a.m. State Sen. Eric Lesser and state Rep. Antonio Cabral host their fourth Gateway Cities Caucus tour starting in Salem at 10 a.m. Boston Acting Mayor Kim Janey gives remarks at the dedication of Lester Burton Hero Square in Fenway at 2 p.m. Rep. Jake Auchincloss and state Sen. Cindy Creem host a sustainability roundtable at 6 p.m. on Facebook Live. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for the Playbook? Get in touch: lkashinsky@politico.com.   STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down and who really has the president's ear in West Wing Playbook, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.     DATELINE BEACON HILL – A group of lawmakers of color and community advocates will release a “Racial Equity Scorecard” today outlining their spending goals for the state’s roughly $4.8 billion in untouched ARPA money. The group is calling for 90 percent of the money to be committed in legislation by the end of the year and to use the funds to address the racial wealth divide, public health infrastructure and other issues affecting communities most disproportionately affected by the pandemic. “There are many ways to get racial equity right in how we spend our ARPA dollars in Massachusetts. There [are] also a few ways to get it wrong. This rubric offers core principles to make sure we do the former,” state Sen. Sonia Chang-Díaz said in a statement. 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Mark will announce his candidacy at 1 p.m. in Pittsfield. MAPMAKER, MAPMAKER – “Advocates press lawmakers on redistricting, call for changes to proposed maps,” by Matt Stout, Boston Globe: “Advocates and residents on Friday pressed legislative map makers to consider redrawing newly unveiled state Senate districts encompassing Brockton and Haverhill, arguing that the lines, as proposed, could dilute the political power of each of the cities’ growing minority populations.” – “Race for 4th Essex on despite redistricting plans,” by Christian M. Wade, CNHI/Eagle-Tribune: “Four candidates continue to compete for the 4th Essex House seat to fill a vacancy left by former Rep. Brad Hill, despite proposed redistricting changes that would do away with the legislative district after next year.” VAX-ACHUSETTS – “Up to 5,000 unvaccinated Massachusetts state workers could be at risk of suspension, termination,” by Erin Tiernan, Boston Herald: “Up to 5,000 state workers could be at risk of suspension or termination as the deadline for workers to submit proof of their vaccine status hits this week, according to state officials. That amounts to about 11% of the 45,000 executive-branch workers required to be fully vaccinated as of Oct. 17.” – “Threats of termination convince many hesitant hospital workers to get COVID vaccine, but thousands of holdouts remain,” by Kay Lazar, Boston Globe: “Looming deadlines and threats of termination have convinced hundreds of hesitant health care workers to get their COVID-19 shots in recent days, but thousands of holdouts remain, Massachusetts hospital leaders reported Friday. Already, one major hospital system, Springfield-based Baystate Health, said it terminated 90 workers who remained unvaccinated on Friday after an extensive effort to change their minds.” – “COVID vaccine mandates: Massachusetts hospitals see upwards of 90% of caregivers immunized as threats of job loss loom,” by Melissa Hanson, MassLive: “At some of the state’s largest hospital systems, upwards of 90% of employees have already been vaccinated against the coronavirus." – “'No job is worth the jab': Protesters rally against mandated vaccinations,” by Christine Peterson, Worcester Telegram & Gazette: “Many of the protesters were UMass health care workers who are protesting the hospital's Nov. 1 mandate to get vaccinated or be fired by Dec. 1.” – “Judge Denies Prison Guard Union Attempt to Block Governor’s Vaccine Mandate,” by Sarah Betancourt, GBH News: “A federal judge rejected a bid by the state prison guard union to temporarily block Governor Charlie Baker’s vaccine mandate from going into effect on Sunday.” – “Multiple schools reached 80% vaccination rate ahead of Oct. 18,” by Lillian Eden, MetroWest Daily News: “...despite several communities meeting the threshold to unmask, local school officials are remaining cautious, at least for now.” FROM THE HUB – “Boston police plan arrests of people with ‘multiple warrants’ on Methadone Mile, document says,” by Sean Philip Cotter, Boston Herald: “Boston police are planning to start scooping up wanted criminals at Mass and Cass, arresting people with ‘multiple warrants’ in the morning hours of the coming weeks in an effort to bring down the crime rate in the dangerous area, according to a police document obtained by the Herald.” – Cotter spoke to Boston’s two mayoral candidates about their plans for the worsening public health crisis and rounds out his trio of stories with this: “Rat-borne disease of ‘high risk’ to homeless identified in Boston” – Essaibi George formally rolled out her Mass and Cass plan on Sunday, reports the Boston Globe’s John Hilliard. She was also endorsed by City Councilor Frank Baker, SENA and SEIU 888, which backed Acting Mayor Kim Janey in the preliminary election. – “North End restaurant owners prepare to pack up their patios, 1 month before the rest of Boston,” by Erin Kuschner, Boston.com: “While patios on public and private property in Boston will close on Dec. 1 (with the exception of patios on public sidewalks, which will close on April 1, 2022), the North End will be required to pack up its patios on Nov. 1. And some restaurant owners aren’t too happy about the discrepancy.” – “With Boston Public Schools in crisis problems are mounting. Can the system save itself?” by James Vaznis, Boston Globe. THE RACE FOR CITY HALL – The mayor’s race isn’t the only municipal contest growing heated in its final weeks. Boston District 6 City Council candidate Mary Tamer is being criticized for a mailer drawing “stark differences” between her and rival Kendra Hicks that showed a picture of Tamer in color and one of Hicks, who is Black, in grayscale. Some Twitter users accused Tamer of being “offensive” and peddling “racist tropes” by darkening Hicks’ skin color. "Darkening or editing a photo of a Black person to look more menacing is a racist tactic that has long been used by candidates in political campaigns, most notably by Republicans," Hicks said in a statement, calling it "damaging" not just to her but to Black and brown city residents. Tamer's campaign initially defended the mailer , but then said "the photo used was never intended to cause harm or show racial animus, but it is clear, based on the feedback we have received and heard, that it did not set the right tone." Hicks, who's backed by the Boston Democratic Socialists of America, and Tamer, who's more moderate, have previously clashed over their political differences and Hicks’ voting record . Tamer finished behind Hicks in the September preliminary. – FIRST IN PLAYBOOK: Wu has been endorsed by former City Councilor Tito Jackson and former state Rep. Charlotte Golar Richie, per her campaign. Jackson supported Acting Mayor Kim Janey in the preliminary election. Both Jackson and Golar Richie have run for mayor before. Jackson served with Wu on the council. Wu's also been endorsed by Our Revolution and its Massachusetts chapter. – “Michelle Wu has big ideas. If she’s elected mayor, Beacon Hill could decide if many of them happen,” by Matt Stout, Boston Globe: “Some of [Wu’s] most sweeping campaign ideas have faced and will face significant headwinds, even in a Democrat-dominated Legislature. … [Gov. Charlie] Baker, for one, has rejected the idea of restoring rent control, and such proposals in the Legislature have so far faltered. Democratic leaders in the Senate and House have repeatedly wrangled with calls to infuse the MBTA with more funding, but they have never publicly broached plans about replacing the hundreds of millions of dollars the quasi-public agency collects each year in fares should they be eliminated.” – “For Essaibi George, husband’s real estate holdings present a quandary,” by Andrew Ryan, Boston Globe: “...few know the full breadth of [Douglas] George’s property holdings, or how his business dealings with the city could force his wife to act carefully to avoid conflicts of interest, should she be elected mayor. George and his companies own some 55 properties in Boston with an assessed value of $54 million, according to a Globe analysis of deeds and corporate records. " – The candidate profile: "Michelle Wu's path from immigrant daughter to the pinnacle of Boston politics," by Anthony Brooks, WBUR. – “Boston Mayoral Race Heats Up as Wu, Essaibi-George Hit the Campaign Trail,” by Kathryn Sotnik, NBC10 Boston. – “Essaibi George defends ad with accent while having a laugh with it in ‘On the Record’ interview,” by Milton J. Valencia, Boston Globe. TODAY'S SPECIAL (ELECTION) – FIRST IN PLAYBOOK: Boston City Councilor Lydia Edwards has been endorsed by the Mass Alliance, a coalition of progressive political and advocacy organizations, in her bid for state Senate, per her campaign. PARTY POLITICS – “Gov. Baker: GOP chair should resign after support for anti-Asian candidate for City Council,” by Gintautas Dumcius, Dorchester Reporter: “Massachusetts Gov. Charlie Baker, the state’s top Republican, on Friday took aim at state GOP chair Jim Lyons over his support for a Boston City Council at-large candidate who posted anti-Asian comments on social media. Baker said Lyons should resign from the post. Lyons fired back in a Friday afternoon statement saying it may be ‘time for Gov. Baker to reconsider his party affiliation.’” DAY IN COURT – “Two ‘Varsity Blues’ jurors say they methodically weighed the evidence before convicting two parents of trying to bribe their kids’ way into college,” by Marie Szaniszlo, Boston Herald: “One of the jurors who convicted two parents earlier this month in the Varsity Blues college admissions trial in federal court in Boston said the jury seemed to feel both men were guilty from the very start of deliberations.” – “North Adams man pleads guilty to a misdemeanor in connection with role in Jan. 6 Capitol riot,” by Amanda Burke, Berkshire Eagle: “A North Adams man photographed at the front of mob that stormed the U.S. Capitol on Jan. 6 has pleaded guilty to a misdemeanor offense, and is due to be sentenced next year.”  Brian P. McCreary ROLLINS REPORT – From the opinion pages: “Cotton: Biden pick Rachael Rollins poses threat to N.E. if confirmed,” by Sen. Tom Cotton in the Boston Herald: “Rollins has nothing but contempt for the rule of law. If she is confirmed by the U.S. Senate, the residents of Massachusetts, New Hampshire and all of New England would suffer the consequences.” PLANES, TRAINS AND AUTOMOBILES – “Taking the T Monday? You might get a free Dunkin’ gift card at these stations,” by Mia McCarthy: “The MBTA will be giving out free $5 Dunkin’ gift cards to riders at select stations on Monday ‘as a thank you for taking the T.’ They will also be handing out free masks, according to the MBTA.” – “Rep. Stephen Lynch: ‘We Have To Get To An Agreement’ On Stalled Infrastructure Bill,” by Jon Keller, WBZ. FROM THE 413 – “As UMass Amherst struggles through twin crises, some students see connections at their roots and parallels in the school’s response,” by Will Katcher, MassLive: “There are students hoping to hold Greek Life accountable for what they see as decades of sexual assaults that were never addressed. ... 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THE LOCAL ANGLE – "MassHealth expands long-term care to thousands of immigrants," by Lynn Jolicoeur and Lisa Mullins, WBUR: "Thousands of immigrants will become eligible for long-term care coverage under MassHealth, the state's Medicaid program, thanks to a policy change that takes effect Nov. 1." – “Closing the 'digital divide': Interest in municipal internet is rising on the South Shore, nationwide,” by Jessica Trufant, Patriot Ledger: “Some communities on the South Shore – including Quincy, Weymouth and Milton – are exploring the potential of making broadband internet a public utility, lumping it in with the long-considered-essential public services of water, electricity and sewer.” – IN MEMORIAM: “Norwood's Selectman David Hajjar Dies Unexpectedly Saturday,” by Mary Ellen Gambon, Patch. TRANSITIONS – Justin Draper has been named president and general manager of CBS News and Stations’ local business in Boston. Zuzana (Fedorkova) Love is now digital services expert for product strategy at the U.S. Digital Service. HAPPY BIRTHDAY – to state Rep. Alan Silvia, Michael Goodman, Kate Donaghue, Mark Cote and Isaac Simon. Happy belated to Jeremy Stein and Andrew S. Zimbalist. Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.   BECOME A GLOBAL INSIDER: The world is more connected than ever. 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