BUFFALO (WBEN) - Pete Harding, a resident of Cheektowaga, will make his second virtual court appearance Tuesday afternoon after he was charged with two counts stemming back to his alleged actions in Washington D.C. during the violent riot at the Capitol.
Harding has been charged in a two-count criminal complaint issued out of the U.S. District Court for the District of Columbia: knowingly entering or remaining in any restricted building or grounds without lawful authority, as well as violent entry and disorderly conduct on Capitol grounds, both of which are misdemeanors.
According to prominent local attorney Terry Connors, the most intriguing thing to keep an eye on in this case is whether additional, perhaps more serious charges will be added.
"The Department of Justice has advertised that the charges that are currently being filed against the people who were involved in this disruption are only preliminary charges until the investigation is completed," said Connors. "Very often you see a situation where the initial complaint that's filed charges something not as significant, such as misdemeanors, but as the investigation continues, and as they get more evidence, and as other people start to cooperate, those charges can be elevated to much more serious matter and even felonies."
As for an expected timeline of Harding's case, Connors notes that every district is different, and it's very much dependent on the backlog of cases in the individual district.
Because there are alleged photos of Harding that we're posted by the FBI on social media, Connors said the defense strategy in this case is no longer about whether Harding was there or the act was committed.
"The primary defense to a situation like this is not a defense to the act itself - that's documented by the video - but, it's a defense that's based upon what was his intent," said Connors. "You see from the charges that the requirement from the government is that they prove he went to those buildings with the intent to impede or disrupt the conduct of government business. They have to get inside his mind and show by his actions or words that he did have that specific intent."
If convicted of the first charge, Harding could face up one year in prison, a fine, and an additional year of supervised release. If convicted of the second, he could face up to six months in prison and a fine.
The appearance is scheduled for 1 p.m.
