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Press Release

Virginia Man Arrested for Assaulting Law Enforcement and Other Charges During Jan. 6 Capitol Breach

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

           WASHINGTON — A Virginia man has been arrested on felony and misdemeanor charges, including for assaulting law enforcement 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.

           David A. Marshall, Jr., 57, of, Alexandria, Virginia, is charged in a criminal complaint filed in the District of Columbia with two felony offenses, including civil disorder and assaulting, resisting, or impeding certain officers.

           In addition to the felonies, Marshall is charged with seven  misdemeanor offenses, including , assault by striking, beating, or wounding, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building, act of physical violence in the Capitol grounds or buildings, and parading, demonstrating, or picketing in a Capitol building.

           Marshall was arrested on May 1, 2024, in Virginia and is expected to make his initial appearance in the District of Columbia today.

           According to court documents, Marshall was identified in open-source and closed-circuit television video footage as present on the West Plaza of the U.S. Capitol grounds on Jan. 6, 2021.  Court documents say that Marshall was in the vicinity of the West Plaza from approximately 1:00 pm - 2:27 pm on January 6th. During this period, Marshall allegedly engaged in multiple assaults on law enforcement officers, as well as an assault on a member of the news media. Marshall also assisted other rioters in possessing police equipment and materials, as well as taking police officers’ equipment himself.

           It is alleged that at approximately 1:11 pm, Marshall pushed and shoved law enforcement officers in the location of the West Plaza. Shortly after, Marshall picked up a yellow flag and took an officer’s baton and bag. Court documents say that while on the West Plaza, Marshall allegedly assaulted a member of the news media by grabbing the journalist and yanking them down a set of stairs.

           Marshall later left the West Plaza and headed towards the Memorial Doors of the Capitol. Here, he allegedly unsuccessfully attempted to place a set of zip ties on the door handles before he successfully zip tied the doors closed with a second set of zip ties. A few seconds later, officers tried to get out of those same doors, but were initially prevented from doing so by the zip ties that Marshall had placed.

           Marshall then engaged in multiple pushing and shoving incidents with rioters and officers at the Columbus Doors of the building, including an instance where he attempted to punch an officer. At approximately 2:40 pm, Marshall entered the Capitol via the Columbus Doors. As he entered the building, Marshall allegedly pushed officers, including one instance when an officer fell to the ground. After making his way inside, Marshall went up the Gallery Stairs and entered into the Senate Gallery.

           Marshall exited the Capitol via the Senate Carriage Door at approximately 2:51 pm,

           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 Office for the Eastern District of Virginia.

           The case is being investigated by the FBI’s Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

           In the 39 months since Jan. 6, 2021, more than 1,385 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 500 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

           A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.


Updated May 2, 2024

Violent Crime
Press Release Number: 24-381