Two Indiana men plead guilty to assaulting law enforcement during Jan. 6 riot

The U.S. Department of Justice reports two Indiana men pleaded on Thursday, to assaulting law enforcement officers during the Jan. 6, 2021, riot and breach of the U.S. Capitol building.

Sixty-two-year-old Donald Lee Moss, of Elizabethtown, Ind., and 61-year-old James Link Behymer, of Hope, Ind., each pleaded guilty to one count of assaulting, resisting, or impeding certain officers before a U.S. District Judge.

The men will be sentenced on Feb. 13, 2025.

According to court documents, on Jan. 6, 2021, around 2 p.m. in Washington, D.C., a group of Metropolitan Police Department (MPD) officers, wearing riot gear, walked toward the Lower West Terrace of the U.S. Capitol building while angry and violent rioters descended and surrounded, the officers and began shouting obscenities and curses at them.

Documents state the officers repeatedly issued commands to "move back."

Officers also began to move rioters away from them with their hands and batons.

At around 2:01 p.m., Behymer approached the MPD officers with his friend, Moss. An MPD officer extended his hand toward Behymer and said, "Sir, step back for your own safety."

Other officers directed the men to move back, but they did not.

Behymer then raised his right arm with a closed fist and repeatedly shouted, "USA! USA! USA!" 

At the same time, documents state Moss pointed toward the U.S. Capitol building and shouted, "This is our f****** house!"

Also, at around 2:01 p.m., an MPD officer extended their hand, attempting to keep Behymer back, when Behymer swung his fist down, striking the officer's wrist.

A few seconds later, documents state the MPD officer placed their right hand on Behymer to keep him back. That's when Behymer swung his left fist downward and struck the officer's arm a second time while Moss forcibly shoved the officer's hand off Behymer.

Documents state Behymer continued to shout, "USA! USA! USA!" and Moss told the officer to "Get your f****** hand off of him!" as the mob constricted the officers' movements and pushed into them.

Members of the mob threw objects, including a traffic cone, at the officers, according to court documents.

Amidst the chaos, rioters screamed, "F*** You! F***** Nazis!", "Go back to the Gestapo training camp!", "You're the traitors!", and "You wanna take us all on?"

Shortly after striking the officer's arm, documents state Moss leaned in and forcefully pushed another MPD officer from behind.

At around 2:02 p.m., Behymer was at the front of the rioters, physically pressed into the officers.

Another rioter shouted at police, "Y'all surrounded." Behymer then grabbed an officer's hand and baton while the officer attempted to keep him away.

At around 2:03 p.m., Behymer re-engaged with police, grabbing an officer's baton again.

At around 2:13 p.m., documents state Behymer and Moss entered the U.S. Capitol building through the Senate Wing doors.

Then, around 2:21 p.m., Moss stood at a shattered window and waved other rioters towards the Capitol building, encouraging them to enter the building.

The two men then made their way toward the Crypt and the hallway linking the Senate Wing doors.

At about 2:31 p.m., documents state Moss carried a chair across the Crypt lobby and placed it in the path of the retractable ceiling door to prevent it from closing.

The two then exited the Capitol around 2:41 p.m.

At about 2:48 p.m., rioters broke through a barricade set up by Capitol Police at the Senate Wing doors.

Documents state around two minutes later, Behymer and Moss re-entered the Capitol again via the Senate Wing doors and walked toward the Crypt before exiting at 3:34 p.m.