WASHINGTON — A Fishersville man looking at potential prison time if convicted for his role in the 2021 Capitol riots has new legal representation after his attorney recently withdrew from the case.
Jeffrey McKellop, 57, is accused by federal authorities of donning a helmet, tactical vest, protective eyewear and a gas mask on Jan. 6, 2021, at the Capitol as a joint session of Congress convened to certify the votes of the Electoral College for the 2020 presidential election, which was won by President Joe Biden. Body Armor
McKellop, a former Special Forces soldier, is suspected of assaulting officers, throwing bottles at police and allegedly picking up a flagpole and striking a police officer in the face, causing a wound. He then reportedly threw the flagpole at the same officer like a spear, documents allege.
McKellop has been held in jail for nearly two years while awaiting trial.
In December, The News Leader reported that McKellop and his attorney at the time, John C. Kiyonaga, had entered into negotiations the month before for a possible plea deal. Court documents show that federal prosecutors extended a plea offer and that a counteroffer was made.
But on Jan. 20, in a motion to withdraw as counsel, Kiyonaga informed the government he was no longer able to effectively communicate or collaborate with McKellop while preparing his defense.
"He lost confidence in me," Kiyonaga said Tuesday. Kiyonaga is an Alexandria criminal defense attorney and former military prosecutor who also worked on Wall Street, according to his website.
Court files show McKellop is now being represented by two Texas attorneys from Dallas, Phillip A. Linder and James Lee Bright.
A trial date of April 20 has been set in the case.
Nearly a thousand suspects have been arrested in connection with the 2021 Capitol riots, according to the United States Department of Justice. About 100 of those suspects, including McKellop, have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.
According to the Military Times, the longest prison term received so far by a defendant in the Capitol riots was 10 years given to Marine veteran and retired police officer Thomas Webster in September. Webster, like McKellop, was accused of attacking a police officer with a flagpole. Webster also tackled and choked the officer.
At least four other suspects have been sentenced to more than seven years, USA Today reported in January. The average incarceration time levied is 16 months.
Approximately 140 police officers were assaulted at the Capitol, including about 80 from the U.S. Capitol Police and about 60 from the Metropolitan Police Department.
McKellop remains behind bars at the Correctional Treatment Facility in Washington, D.C., while awaiting trial on 17 federal counts.
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American Safety Helmet Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@newsleader.com. You can also follow him on Twitter.