However, the judge arrested Virginia residents Antonio LaMotta and Joshua Macias for trial on charges of electoral interference on Thursday morning.
The judge dismissed the gun possession charges against Macias, as he was licensed to carry a gun in his home state of Virginia.
LaMotta will go to trial for possession of an unlicensed weapon.
The men made no comment when they entered the Criminal Justice Center.
The community tried to revoke the bail because of their presence on Capitol Hill during last week’s riot, but a judge denied the request.
SEE ALSO: Armed Men Arrested Near the Pennsylvania Convention Center Identified
Macias’ defense attorney William Brennan says his client never breached the capitol.
“If the government shows me any evidence that our client was inside the building, I will retire as a lawyer,” said Brennan.
LaMotta’s lawyer did not comment.
The two defendants were arrested in November after a police report alerted police to look for a Hummer coming to Philadelphia with the intention of interfering with the counting of votes at the Pennsylvania Convention Center.
Both were armed with revolvers and an assault rifle was found in the Hummer just steps from the convention center.
A social media video recorded by Macias shortly before his arrest was shown in court. In the video, the Trump supporter asked veterans, police officers and others not to give up, get involved and ensure that every vote was counted.
But the community never provided any evidence of intent on bloodshed or violence.
“It would have been a very different case if there were evidence of a firing squad,” said Asst. District Attorney Andrew Wellbrock.
The judge ordered the two men to abstain from any activity like that of the Capitol or he would consider them out of contempt of court.
Both are expected to return to court later this month.
Macias and LaMotta are not the only ones in our area that officials say may be linked to the Capitol riot.
Thomas Baranyi of Ewing, New Jersey was arrested on Tuesday, almost a week after making international headlines for what he testified.
Baranyi admitted in a TV interview that he was with a group of rebels who invaded the Capitol.
“The riot police came in and started ushering us out with their batons,” he said.
He told reporters that he was actually standing next to a rowdy colleague, Air Force veteran Ashli Babbitt, when she was shot and killed by Capitol Police inside the building.
“We had invaded the cameras inside and a young woman came running through the windows. Several policemen and secret services were saying ‘go back, get out and get out of the way’. She did not answer the call and as we ran to grab people and pull them, they shot her in the neck, “said Baranyi.
Federal officials used the TV interview as evidence in court. Baranyi was accused of disorderly conduct and violent entry into a restricted building. He was released on $ 100,000 bond.
As Baranyi left the chaotic scene last Wednesday, he told reporters he was not happy with the election results and described how he violated the Capitol.
“We tore the scaffolding, threw bags of light and tear gas and made our way through all the chambers. Just trying to get into Congress or whoever we can get in and tell them that we need some kind of investigation into it,” Baranyi said .
Seven SEPTA officers are under investigation in Philadelphia after participating in President Donald Trump’s demonstration that preceded the deadly turmoil, Action News learns.
SEPTA Traffic Police chief Thomas J. Nestel III confirmed that the investigation is aimed at determining whether police officers have engaged in criminal behavior or violated departmental policies, and have not attended the protest.
“It is their first amendment. They can do this if they want, but what concerns us is whether they were involved in criminal activity, ”said Nestel.
The Philadelphia Police Department’s Internal Affairs Office is investigating whether a detective played a role in the rebellion.
Action News learned earlier this week that a detective allegedly attended the rally in support of President Trump who preceded the insurrection.
The Philadelphia police released a statement saying, “We are aware of social media posts that claim that a Philadelphia Police Department detective may have been present at the events in Washington, DC on January 6. An IAB investigation was opened for determine if there are PPDs the policies were violated by the detective and if they participated in illegal activities while they were in. The detective’s assignment has been changed pending the outcome of the investigation.
The Philadelphia police continue to monitor any possible threats to this area before the presidential inauguration.
They are expected to provide more details on Thursday afternoon about their security efforts and say they are prepared to bring in additional backup if needed.
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