RIOT SQUAD: Micah Avery charged with defacing Lincoln Memorial during DC rioting

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RIOT SQUAD: Micah Avery charged with defacing Lincoln Memorial during DC rioting

WASHINGTON – Micah Avery, 26, of Washington, D.C., was arraigned in federal court on charges of destruction of federal property, resisting a federal officer, and obstructing a law enforcement officer during a civil disorder, announced Acting U.S. Attorney Michael R. Sherwin and Acting Chief of the United States Park Police (USPP) Gregory T. Monahan.

U.S. Park Police witnessed Avery graffiti the words “Yall not tired yet?” with black spray paint on the Lincoln Memorial.

Lincoln-Memorial-from-jet landing at Ronald Reagan Airport. THE CHESAPEAKE TODAY photo

A crowd converged on the officers and began pushing and striking the officers.  During this melee, Avery broke free and ran away. 

            The complaint alleges that on the afternoon of May 30, 2020, officers with the U.S. Park Police witnessed Avery graffiti the words “Yall not tired yet?” with black spray paint on the Lincoln Memorial.  Avery fled as the officers approached him.   After a chase, officers apprehended and handcuffed Avery.  Officers attempted to put the defendant into a patrol car, but he resisted their attempts.  A crowd converged on the officers and began pushing and striking the officers.  During this melee, Avery broke free and ran away.  One of the officers sustained an injury to his hand. 

A look-out was broadcast, and Avery was located shortly thereafter by other officers back at the Lincoln Memorial, still wearing the handcuffs.

Judge Meriweather released Avery pending trial but ordered that he stay away from the
Lincoln Memorial

            The defendant was arraigned today before United States Magistrate Robin M. Meriweather in the United States District Court for the District of Columbia.  Judge Meriweather released Avery pending trial but ordered that he stay away from the Lincoln Memorial. A Criminal Complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. The defendant is presumed innocent unless proven guilty.

Moreover, as the prosecution of Avery illustrates, the United States Attorney’s Office will not tolerate those who under the guise of the First Amendment exploit peaceful demonstrations to break the law, deface our national monuments, and threaten the safety and security of our nation’s capital. 

Acting U. S. Attorney Michael R. Sherwin

            “The United States Attorney’s Office for the District of Columbia is dedicated to protecting the vital First Amendment right of individuals who choose to peacefully protest the horrific killing of George Floyd in Minneapolis last month.  Moreover, as the prosecution of Avery illustrates, the United States Attorney’s Office will not tolerate those who under the guise of the First Amendment exploit peaceful demonstrations to break the law, deface our national monuments, and threaten the safety and security of our nation’s capital.  In its commitment to protecting the rule of law, this Office will not leave unchecked any criminal activity, whether committed by civilians or law enforcement, that infringes on the fundamental civil rights and ability of any person to be free of violence or fear,” said Acting U.S. Attorney Michael R. Sherwin.

“This crime shows how the actions of one individual can distort and tarnish a message through vandalism and other crimes of opportunity.”

            “The defacing of the Lincoln Memorial, one of our national icons, could not be tolerated. We are committed to safeguarding the First Amendment rights of those who come to the District of Columbia to peacefully demonstrate. This crime shows how the actions of one individual can distort and tarnish a message through vandalism and other crimes of opportunity. This case is an example of excellent police work, under challenging conditions, and meets one of the core missions of the United States Park Police,” said Gregory T. Monahan, Acting Chief of the United States Park Police.

Washington-DC-Mall-on-the-Fourth-of-July-2019-Coast-Guard-photo

            In announcing the charges, Acting U.S. Attorney Sherwin and Acting Chief Monahan commended the work of the USPP officers who apprehended Avery and are investigating the incident.  The case is being prosecuted by Assistant U.S. Attorney James B. Nelson of the U.S. Attorney’s Office for the District of Columbia.

Drug Distribution Arrest in the District of Columbia for Micah Avery:

Avery was charged with possession with the intent to distribute marijuana in the District of Columbia on April 19, 2019.  Avery was acquitted but it didn’t work as neatly for his friends.

The United States Attorney charged in two criminal counts, that Micah E. Avery, (DOB 04/18/1994), of 417 Q. Street NW, Washington, D. C., on March 21, 2019, possessed with the intent to sell marijuana. Co-defendants Kenneth V. Brown, Jennifer Haynes, and Odarte Mills.

Things didn’t work out as well for Avery’s co-defendant Odarte Kojo Mills, (DOB 07/26/1971) of 906 Quincy Street NW Washington, D.C., who was found guilty on Jan. 3, 2020.  Mills is appealing his sentence of two days in jail and a fine of $50 payable to the Violent Crimes Payment Fund. Jennifer Ilean Haynes, (DOB 10/14/1981) of 3460 14th Street NW #246, Washington, D.C., and also of the same address as Mills, was also found guilty, sentenced to two days in jail, and has filed an appeal. The jail sentence was suspended at the time of the guilty finding and Haynes was also ordered to pay $50 to the fund for Victims of Violent Crime.

On Oct. 7, 2019, with Assistant United States Attorney Cameron Tepfer present on behalf of the Government.  Judge John Ramsey Johnson granted the Defense’s Motion for Judgment of Acquittal.  Representing Avery was attorney Theresa Y. Jenkins.

Acting Chief Monahan and 12 officers from the USPP stand at the Lincoln Memorial steps holding placards representing the 13 USPP Fallen Heroes.

The Lincoln Memorial was vandalized in 2013; see this video by WJLA – reporter Jay Korff

  • Calvert Sheriff Mike Evans

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