Two Hoosier State residents are behind bars facing felony charges, for their alleged actions during the chaos of the Capitol riot over two years ago. Donald Lee Moss, 62, from Elizabethtown and James Link Behymer, 61, from Hope were arrested by the FBI in Indiana on March 6, 2024, and have a litany of allegations against them including assaulting officers and civil disorder, according to a Department of Justice release.
The criminal complaint, laid out in the nation's capital, details the men's conduct on January 6, 2021. Allegedly, they were part of a mob that heckled and physically opposed Metropolitan Police Department officers who were geared up, in riot gear at the Lower West Terrace of the U.S. Capitol. A body-worn camera captured the accused, engaging with police and shouting "USA! USA! USA!" and in Moss's case, declaring ownership of the Capitol in a profanity-laced outburst.
Despite directives from officers to back off, the complaint elaborates, Moss is accused of shoving an officer's hand away from Behymer and subsequently escalating to striking an officer's hand and baton. Behymer supposedly shoved an officer too, his defiance punctuated with shouts and attempts to grab at police batons and hands. Their alleged offenses continued with the obstruction of a Capitol door by placing a chair in its way, ostensibly to hinder law enforcement efforts to secure the area.
The pair's initial appearance was in the Southern District of Indiana, where their journey through the legal system began post-arrest. These arrests contribute to the growing tally, where, as of this date, over 1,358 individuals have been charged with crimes in connection with the Capitol breach, and more than 486 have been accused of assault or impeding law enforcement a statement from the DOJ detailed. The investigation, still unfurling 38 months after the events of that fateful January day, continues to reveal the undercurrents that led to the historic disturbance.
Prosecution of the case falls into the hands of the U.S. Attorney's Office for the District of Columbia and the Counterterrorism Section of the Justice Department's National Security Division. The investigation has been a concerted effort, involving the collaboration of the Capitol Police, the Metropolitan Police Department, and the FBI's field offices in Indianapolis and Washington. Of note, Moss's appearance on the FBI's 'Be on the Lookout' list signaled the ongoing intent to bring all alleged perpetrators to account.
