NC’s youngest Jan. 6 defendant pleaded not guilty to attacking cops. Is a change coming?
North Carolina’s youngest defendant in the U.S. Capitol riot could soon become a convicted felon facing prison time.
Aiden Bilyard of Cary was 19 when he was arrested Nov. 23 on multiple felony charges in connection with the Jan. 6, 2021, riot. He pleaded not guilty in February.
But his plea appears to be changing.
On Oct. 19, the now 20-year-old is scheduled for a change-of-plea hearing before U.S. District Judge Reggie Walton of Washington.
That means Bilyard likely has accepted a deal from federal prosecutors, who potentially could drop several of the charges against him in return for a guilty plea and the avoidance of trial. Typically, the government calls for a reduction in sentence for those who take responsibility for their crimes.
As of Monday, Bilyard’s prosecutor, Assistant U.S. Attorney Jordan Konig of Washington, has not filed the necessary documents that would provide details of any agreement.
Bilyard’s attorneys, Gregory Smith of Washington and Jamie Vavonese of Raleigh, declined comment Monday.
For now, Bilyard’s court file paints a dominant image, that of a North Carolina teenager who not only traveled to Washington on Jan. 6, but was an active participant in the unprecedented violence that occurred at the Capitol.
Photographs included in an FBI affidavit show the blond-haired Bilyard in the middle of the angry mob that gathered on the lower west terrace of the Capitol.
He wore a Harvard sweatshirt — online sleuths attempting to identify him initially nicknamed him “#HarvardSweats.” He was armed with cans of a chemical irritant commonly known as “bear spray,” that he unleashed at police officers guarding the building. He used a baseball bat to break out a window, then urged other rioters to join him in using the makeshift portal to enter the Capitol, the FBI claims.
On Aug. 5, 2021, when Bilyard was in basic training at Lackland Air Force Base in Texas, he was interviewed by FBI agent Andrew Mauer. Bilyard, according to the agent’s affidavit, “claimed he only participated in lawful activities.”
After Mauer showed him some videos revealing his actual behavior, Bilyard ended the interview.
“I think this is where I take my leave,” Bilyard said, according to the affidavit.
Bilyard soon left the Air Force and returned to his mother’s home in Cary, a Wake County town just west of Raleigh. He could not be reached for comment on Friday.
He is among almost 900 people — and at least 23 North Carolinians — charged in connection with the riot, in which thousands of supporters of former President Donald Trump attacked the Capitol to stop congressional certification of Trump’s defeat to President Joe Biden.
Five people died and some 140 police officers injured during the rampage, which left millions of dollars in damages to the building and sent members of Congress and their staff fleeing for their safety. Only one defendant has been cleared of all charges, according to the Washington Post.
Other Jan. 6 attacks on police
Even with his pending plea agreement, Bilyard faces a potential lengthy prison term. He is among more than 270 defendants charged with assaulting, resisting or impeding police officers, according to a 20-month summary of the case by the U.S. Department of Justice. He is also charged with civil disorder, another felony, and multiple misdemeanors, including destruction of government property.
In general, convictions for assaulting police have carried the harshest punishments. The crime carries a maximum sentence of 20 years. According to the Washington Post, the average length of sentence handed down in Jan. 6 felony cases has been two years.
This month, retired New York police Officer Thomas Webster received the longest sentence handed down in the sprawling prosecution so far — 10 years. His crime: attacking a cop.
The longest sentence for a N.C. defendant has been 44 months, to James Mault. As with Bilyard, Mault was accused of assaulting police with a chemical spray.
Another case with N.C. ties offers additional context. On Sept. 1, former Chapel Hill businessman Julian Khater pleaded guilty to two counts of assaulting, impeding or resisting officers with a deadly weapon. Once again the weapon was bear spray, court documents show.
Khater and a friend are accused of using the chemical against former Capitol Police Officer Brian Sicknick, who died the next day. A medical report attributed the death to natural causes, while Capitol Police maintain that the officer died in the line of duty.
According to Khater’s plea agreement, prosecutors are giving him credit for taking responsibility for his crimes. But they still say he faces a sentence of 79 to 97 months.
NC updates from Jan. 6
North Carolina residents arrested in connection with the Capitol riot face charges ranging from trespassing, a misdemeanor, to sedition, the most serious allegation leveled so far by the government.
Here’s the latest on some of the defendants.
Trial dates
▪ Jan. 3, Grayson Sherrill and Elias Irizarry: Sherrill of Cherryville has been charged with two felonies, including attacking police with a metal pole, and 10 misdemeanors. Irizarry, of Fort Mill, S.C., is a junior at The Citadel. He is charged with four misdemeanors. The two are to be tried together.
▪ Feb. 1, Laura Steele: The former High Point police officer will be tried with seven fellow members of the Oath Keepers, a right-wing paramilitary group that recruits former members of law enforcement and the military. Steele, of Thomasville, is charged with 14 crimes, including multiple felonies. She also has been named in a sweeping civil action filed by the District of Columbia against the Oath Keepers and the Proud Boys, another right-wing group accused of launching a planned attack on the Capitol.
▪ Feb. 21, Brad Bennett: The Huntersville resident is charged with one felony and five misdemeanors. As of now, he will be defending himself at his trial.
▪ Feb. 28, Johnny Harris: The Shelby resident faces four misdemeanor charges and is scheduled to join a relatively few number of defendants charged with minor offenses who are taking their cases before a jury.
▪ March 6, James Grant: The Cary resident, charged with assaulting and injuring at least two police officers, was among the first rioters to attack the line of law enforcement protecting the grounds.
Possible plea hearings
▪ Oct. 3, Tara Stottylemyer and Dale Shalvey: The Conover poultry farmers had until Monday to file the paperwork on any plea agreement. Both are charged with felonies. Following their arrests, the couple got married and moved to Catawba County from Pennsylvania, according to published reports. Shalvey is charged with a longer list of crimes, including one count of assaulting a police officer, then lying about it to the FBI. He is also accused of stealing a letter written by Sen. Mitt Romney to Vice President Mike Pence, his indictment claims.
▪ Oct. 28, Christopher Spencer: Spencer, of Pilot Mountain, was the first North Carolinian arrested in connection with the riot. He is charged with the felony of obstructing an official proceeding and will either be pleading guilty at his October hearing or his attorneys will be filing a proposed schedule for his trial.
Spencer’s wife, Virginia, was the first state resident sent to prison in the Capitol case. The couple took their 14-year-old son inside the Capitol during the riot, which led to a scolding of Virginia Spencer by her judge.
This story was originally published September 27, 2022 at 6:30 AM with the headline "NC’s youngest Jan. 6 defendant pleaded not guilty to attacking cops. Is a change coming?."
