The Return Of The Spear

The United States District Court for the District of Columbia (Senior Judge Lamberth) has ordered that Jacob Chansley’s spear and helmet be returned

Defendant Jacob Anthony Chansley stormed the Capitol on January 6, 2021. In that respect, he was like thousands of others that day. But he stood out to the entire world because of his “unmistakable outfit” of “a horned coyote-tail headdress; red, white, and blue face paint; gloves; and no shirt.” United States v. Chansley, 525 F. Supp. 3d 151, 155 (D.D.C. 2021). In addition, he had armed himself with a serious weapon: “a six-foot pole with an American flag ziptied to the shaft and a metal spearhead fixed to the top.” Id.

Mr. Chansley has completed his prison sentence and much of his term of supervised release. Now, he has moved for the return of his property seized and still held by the government, including his spear and helmet. Since the government has not established that it still needs these items as evidence and has not sought their forfeiture, the Court will GRANT Mr. Chansley’s motion.

Key

According to the government, the property includes a spear and a helmet sported by Mr. Chansley on January 6th. Opp’n ¶ 15. The government has not sought forfeiture of any of these items. Id. ¶ 14. It argues that it would like to retain the evidence until it is assured of the finality of this case. Id. ¶ 15.

The court notes that tthere may have been a different result if the government had sought civil forfeiture.

Look for the Ebay sale that is doubtless in our future. (Mike Frisch)