West Allis man charged for entering Capitol during riot

Federal prosecutors have charged a West Allis man in connection to the breach of the U.S. Capitol.

42-year-old David Charles Mish Jr. made his first appearance in front of a federal judge Friday, January 15, 2021 by video conference.

According to the criminal complaint, FBI Special Agent Charles Butcher states Mish went to the Washington D.C. Metro Police Department one day after the breach to inform them he had information regarding the shooting death of Ashli Babbitt, the person shot by Capitol Police during the breach.

When interviewed by an investigator on January 8th, Mish told them he was one of the people who entered the Capitol. Part of his reply included, “I didn’t break anything…I went in, yes.” He added, “I came up the stairs where the scaffolding was. I was with a group of guys…Everybody was yelling ‘breach the building.'”

Mish said that he used his cell phone to record some of the activity that occurred at the Capitol, adding that it shows him being in the first group of people who approached the Speaker’s Lobby.

Investigators also used video footage from other mobile devices shared on social media and news outlets to confirm Mish was inside the Capitol during the breach.

Prosecutors have charged Mish with three violations of U.S. Code connected to violent entry and disorderly conduct. Specifically,

• “utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress”
• “obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings”
• “parade, demonstrate, or picket in any of the Capitol Buildings.”

If found guilty, Mish could face up to 18 months in prison and up to $105,000 in fines.

His next court appearance will be January 22 via video conference.