WASHINGTON — A Michigan man who posted on Facebook that he went to D.C. on January to prevent Joe Biden from becoming president will await trial behind bars after a federal judge ruled Wednesday he was a flight risk.
Tim Levon Boughner appeared for a virtual detention hearing before U.S. Magistrate Judge Zia M. Faruqui Wednesday afternoon. Boughner was arrested in early December while sleeping in his vehicle at a reset stop in Lapeer, Michigan. In an interview with police, he allegedly confessed to assaulting officers at the U.S. Capitol Building on January 6, 2021, and also that he had recently deleted his Facebook page and had started driving north because “he had a feeling they were coming for him.”
In charging documents, prosecutors said bodyworn camera video and other footage from the Capitol riot shows Boughner assaulting police with a can of pepper spray. In posts on Facebook both before and after the riot, prosecutors say, Boughner reveled in the prospect of violence and then gloated about his participation in the riot.
“Never will there be anything like this again, bro,” Boughner wrote in one post. “Might even get lucky and stomp some a**. LMAO.”
In another post, Boughner wrote, “I’m on my way to Washington, D.C. To make sure Biden’s [sic] doesn’t become president.”
After the riot he wrote, “F****ed those cops up.”
Prosecutors said Boughner also has an “extensive and varied criminal history,” according to prosecutors. In a motion for pretrial detention, the DOJ said his first conviction was for felony conspiracy breaking and entering in 1998. He received a probationary sentence, but eventually served 1 year in jail after violating the terms of his release. Prosecutors said he had additional convictions in 2001, 2007, 2007 and 2008 – the most recent for domestic violence.
Boughner’s attorneys argued release was warranted because he serves as a caregiver for his disabled brother-in-law and his nieces and nephews. They also pointed out that other riot defendants accused of assaulting police – including Robert Scott Palmer, who’s now serving more than 5 years in prison – were granted bond.
Faruqui, however, said the evidence weighed strongly in favor of Boughner’s detention.
“It’s very clear he was not there to peacefully protest,” Faruqui said. “He wanted to stop Joe Biden from becoming president.”
Faruqui also noted that Boughner’s comments after January 6 showed no evidence of remorse.
“He indicates that his life hasn’t been the same, not in a negative context, but that this was something that was amazing,” Faruqui said.
Faruqui’s decision means Boughner will be transferred to the D.C. Jail while he awaits trial. Boughner faces a slew of charges in connection with the riot, including assaulting police with a dangerous weapon, civil disorder and obstruction of an official proceeding. He could up to 20 years in prison if convicted of the most serious charges against him.
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