The alleged stun gun rioter photographed with his boot ripped off Nancy Pelosi’s desk will remain under house arrest pending charges that could keep him away for more than a decade.
A federal magistrate judge ordered the release of Richard Barnett, 60, on “very, very restrictive conditions” after a five-hour hearing on Friday.
After paying $ 5,000 bail, Barnett will be detained at his home in Arkansas without Internet access and will have to hand over his passport, according to Politico.
His release came as a result of an objection from the U.S. prosecutor’s office, which called for another hearing so prosecutors could argue again that it is too dangerous to be released.
Barnett will remain behind bars until Saturday as soon as the court considers that request, the site said.
Barnett faces charges of disorderly conduct, robbery, and entering the Capitol compound with a stun gun; a trial date has been set for March.
During Friday’s hearing, prosecutors said Barnett was a dangerous person who had tried to avoid capture by disabling location services on the phone and covering his face after footage of him “mocking [House Speaker Pelosi] and his office ”went viral.
Federal officials also said he seemed to “really enjoy this moment of fame,” after setting foot on the desk of the nation’s top Democrat and bragging about stealing a document.
Prosecutors also played a video of Barnett buying a side gun, walkie-talkies and pepper spray on New Year’s Eve. Barnett’s girlfriend said she encouraged him to take up arms to protect himself, Politico reports.
Barnett’s White Plains defense attorney Anthony Siano called in about half a dozen character witnesses and highlighted the fact that Barnett and his family received threats after their prominent role in the Capitol Hill riot.
“He appears to be a law-abiding citizen, for the most part, although there have been incidents that cause the court to be concerned that he is armed at rallies,” Magistrate Judge Erin Weidemann admitted.
Barnett could face up to 11 and a half years in prison and a $ 355,000 fine if convicted.
With AP cables