Federal judge keeps accused Jan. 6 rioter from Burgettstown behind bars pending trial

Video evidence shows a man identified as Joshua Lee Atwood screaming obscenities at the law enforcement officers protecting the U.S. Capitol on Jan. 6, 2021.

But he also has two small children at home and another on the way.

Atwood threw a bottle at police, investigators say, then used wooden and metal poles to strike the officers and questioned their loyalty to the country.

But he also operates his own HVAC company where he is said to be reliable and helpful and kind.

Atwood once fired a gun into the ground near a man trying to repossess his motorcycle, court records show, and has pending criminal charges in West Virginia, where he is accused of stabbing a restaurant owner in the arm because he wouldn’t pay him.

But he’s always appeared for court; he’s not known to be affiliated with any militias; and there is no evidence he planned his alleged actions that day at in Washington, D.C.

All those competing factors were weighed on Friday in a Pittsburgh courtroom by U.S. Magistrate Judge Patricia L. Dodge in determining whether the Burgettstown man ought to remain behind bars pending trial on nine federal counts against him.

In recounting the evidence, Dodge said she found that Atwood, 31, poses a danger to the community.

He will remain in custody.

“There is a troubling history of acting against authority,” she said.

Atwood was arrested on April 17 on charges that he assaulted law enforcement officers and illegally entered the U.S. Capitol building sometime after 4:30 p.m. as part of a mob that stormed the Capitol during the certification by Congress of President Joe Biden’s election victory.

According to videos played during his detention hearing, which began on Wednesday and continued Friday, a man identified by authorities as Atwood could be seen using a long wooden pole with a stabbing motion to strike officers in riot gear who were standing in a barricade in the lower west tunnel entrance.

Video also showed the same man throw a bottle at officers, use a metal pole to strike at them and throw a large black speaker.

FBI Special Agent Sarah Stirrup testified that Atwood hit officers in the head and neck and also struck their helmets and riot shields.

“Everyone of you should be ashamed of yourself,” the man identified by authorities as Atwood was heard shouting in one of the videos. “Why would you betray our country? Do you love our country?”

The man later could be seen entering a room in the U.S. Senate.

Although officials were initially not able to identify the attacker, law enforcement issued a bulletin about him.

Atwood was ultimately identified through a tip to the FBI. Investigators then used facial recognition software — using a previous mugshot — to confirm his identity.

Assistant Federal Public Defender Kathryn Kitt Dyer said that her client is presumed to be innocent and that he has strong ties to the community through his family and employment.

In his pending criminal case in West Virginia, where Atwood is charged with malicious assault and robbery stemming from the stabbing of the restaurant owner, Dyer said he has appeared each time for court.

“Mr. Atwood has proven himself to not be a flight risk,” she said. “He was made aware the federal government was looking for him. He didn’t leave. He didn’t dodge.”

Atwood has a loving fiancee and two young children, with another due soon, she continued.

“He approaches his life and his work with compassion,” Dyer said.

But Assistant U.S. Attorney Nicole Vasquez Schmitt noted that Atwood had a baby at home on the day of the riot, as well.

“Where was his concern for his family on Jan. 6? Where was his concern last year when he participated in this violent assault?” she asked. “The defendant was no mere onlooker. The videos are frankly, to me, terrifying.”

Vasquez Schmitt said that every person present contributed to the chaos that day.

“He was right at the front of that violent, angry mob in that tunnel,” she said.

She also noted this year’s upcoming general election in November.

“The public is still at risk should the defendant’s passions be inflamed again.”

Vasquez Schmitt also told the judge that, while Atwood didn’t flee, he also didn’t turn himself in when federal investigators were looking for him.

In announcing her decision, Dodge said that the video evidence presented by the government showing Atwood’s alleged actions that day was compelling and strong.

“We do know he was not a person who just came to the Capitol that day and stood outside,” Dodge said, noting that investigators found body armor in Atwood’s safe when he was arrested. “He was in the front of the group. He appeared to be, if not a leader, a person substantially involved.”