John Banuelos, who was accused of shooting a gun at the Capitol on Jan. 6, 2021, was told by an Illinois judge on Tuesday that he must be kept in custody because of his extremely dangerous behavior that day.
Judge Beth Jantz of the Northern District of Illinois instructed Banuelos, 39, of Summit, Ill., to stay in detention until his court appearance in Washington, D.C., on March 21.
Banuelos has been charged with climbing the scaffolding and firing a gun during the Capitol riot. He was arrested last Friday and faces several felony and misdemeanor charges, including firearm offenses, the Department of Justice (DOJ) said.
According to building security footage, Banuelos was observed making a gesture of a “finger gun” and pretending to shoot it multiple times toward officers.
Later, he was seen climbing the scaffolding for the inaugural stage and taking out a firearm from his waistband. He allegedly raised the gun above his head and fired two shots into the air before putting the gun back into his waistband and climbing down, as stated by the DOJ.
Jantz argued that Banuelos’s behavior was “mind-numbingly dangerous” and said that “numerous life-threatening events could have occurred,” including a response from police to an active shooter or a stampede of other rioters.
“Fortunately, none of these events happened, but the absence of harm does not lessen the seriousness of Banuelos’ actions,” she wrote.
Jantz wrote in her order that Banuelos “poses a significant safety concern to the public” and has “demonstrated a consistent disregard for the safety of those around him.” She said while his actions on Jan. 6 were “severe,” they are “not isolated.”
The judge stated that he has a “pattern of violent and threatening behavior” when conflict arises, including multiple instances of domestic violence and making threatening comments online.
In accordance with a Utah court order from 2021, Banuelos is not allowed to have a firearm. Jantz mentioned that he shares videos online with guns, including a starter pistol that was found by police during a search of his mother’s house on March 8, 2024.
“Banuelos must be detained pending trial to protect the safety of the community and ensure his return to Court,” Jantz said in the order.
More than 1,300 people have been charged with crimes related to the attack on the Capitol. More than 800 have been sentenced, with roughly two-thirds receiving a term of imprisonment ranging from a few days to 22 years, The Associated Press reported.
