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Press Release

Colorado Man Pleads Guilty to Felony Charge for Actions During Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, District of Columbia

           WASHINGTON – A Colorado man pleaded guilty today to a felony charge for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

           Avery MacCracken, 69, of Telluride, Colorado, pleaded guilty to one count of obstructing law enforcement officers during a civil disorder before U.S. District Judge Richard J. Leon. Judge Leon scheduled a sentencing hearing for Feb. 21, 2024.

           According to court documents, on Jan. 6, 2021, MacCracken traveled to Washington, D.C., to protest the certification of the results of the 2020 presidential election. At about 2:00 p.m., MacCracken was part of a large group of people who were in the restricted area on the West Plaza of the Capitol. MacCracken made his way to the front of the crowd and, using both hands, gripped a bike rack that the police were using as a barrier.

           At approximately 2:28 p.m., rioters removed some bike racks and attempted to surge past the police line. MacCracken also moved toward the police line with both hands balled into fists. He then observed a police officer in front of him and pushed the officer’s arm away as the officer tried to prevent him from advancing. 

           MacCracken grabbed a second officer by the arm and by his jacket near the shoulder area. MacCracken then pushed forward through the police line into the restricted areas of the Capitol grounds as numerous other rioters were advancing.

           The FBI arrested MacCracken in Colorado on Dec. 11, 2021.

           This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Offices for the District of Colorado.

           This case is being investigated by the FBI Field Offices in Denver and Washington, which identified MacCracken as BOLO (Be on the Lookout) #387 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

           In the 33 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

           Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit

Updated October 23, 2023

Violent Crime
Press Release Number: 23-638