Missouri Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach

           WASHINGTON — A Missouri man has been arrested on felony and misdemeanor charges related to his actions 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.

           Joseph Kerry Hicks, 49, of Willard, Missouri, is charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during civil disorder and misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, and parading, demonstrating, or picketing in a Capitol building. 

           Hicks was arrested on Aug. 25, 2023, in Ozark, Missouri, and will make his initial appearance today in the Western District of Missouri. 

           According to court documents, Hicks is observed entering the Capitol building on Jan. 6, 2021, via the Rotunda doors after they had been previously breached by other rioters. Hicks is seen on closed-circuit television (CCTV) walking around the Rotunda for several minutes, unfurling and waving his flag, and taking to and fist-bumping other rioters. At approximately 2:46 p.m., Hicks exited the South side of the Rotunda and entered Statuary Hall, where he remained for less than a minute before heading back to the Rotunda.

           Court documents say that while in the Capitol, Hicks appeared to be carrying a black flag on a white flagpole. The flag appeared to depict a skull with a stars-and-stripes pattern. The flag stated in white lettering at the bottom, “We Are Everywhere.” As depicted in other images of Hick from Jan. 6, 2021, the flag also appeared to contain the word “III%” in one of the eye sockets of the skull. Court documents state that at this time, the FBI has not identified Hicks as having ties to any Three Percenter group.

           Hicks continued to walk around the Rotunda area with his flag for serval minutes before exiting the Capitol at 2:58 p.m. After he left, Hicks attempted to re-enter the Capitol through the Rotunda doors, which had become occupied by a crowd of rioters and United States Capitol Police (USCP) and Metropolitan Police Department (MPD) officers. Hicks is then observed trying to re-enter the Capitol through the crowd, adding his body weight to other protestors in order to prevent the officers from expelling rioters. Hicks appeared to push for several seconds until the officers successfully overcame and expelled the rioters at the entrance. Hicks then—now on his own—is observed in video as he braced himself against the door and backed toward the officers in an attempt to re-enter the building. Officers pushed Hicks away before another officer pulled him out of the area. 

           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 Western District of Missouri. 

           This case is being investigated by the FBI’s Kansas City and Washington Field Offices, which identified Hicks as BOLO (Be on the Lookout) #92 on its seeking information photos. Valuable assistance provided by the U.S. Capitol Police and the Metropolitan Police Department.

           In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement. 

           Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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