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Capitol rioter ordered back to jail after DWI arrest, discovery of AR-15 rifle in car

A man accused of rioting in the US capital has been ordered to be returned to federal custody after authorities said he was trying to escape from an arrest on suspicion of drink driving last month and police found an AR-15 rifle in his car.

The man, James Tate Grant, 29, of North Carolina, was released on charges of assaulting two police officers during the January 6, 2021, vandalism.

U.S. District Judge Timothy Kelly of Washington, DC, revoked the release Tuesday, saying Grant had violated the terms of his release and was trying to escape an arrest on Dec. 7, according to court records.

At the incident last month, a Garner police officer responded to a restaurant in Wake County, North Carolina, around 6 p.m. 5 in the morning and found Grant in his vehicle, according to the request to revoke his release. He appeared to be intoxicated and the officer started a DWI investigation, it said.

When he was arrested, Grant tried to flee, the case states.

James Tate Grant, who is accused of attacking a Capitol police officer in the riot on January 6, 2021.Ministry of Justice

"Then he fell to the ground and said something along the lines of 'Just kill me now.' He then stated, 'It's over,'" according to the archive and police report.

In Grant's car, police found an AR-15 combat rifle, 60 cartridges of ammunition, weapon accessories and combat fatigue, according to court documents.

According to court documents and the police report, Grant was charged with driving while disabled. The DWI case is pending in Wake County District Court.

The proposal to detain Grant also said he provided urine samples that tested positive for amphetamines in October and November.

The proposal said: "He was caught driving drunk with a combat rifle and over 60 cartridges of ammunition in his vehicle and initially tried to escape law enforcement. There are no circumstances or combination of circumstances that could ensure community safety and Grant's presence in court if he remains released. "

Kelly upheld the proposal Tuesday, saying Grant violated the terms of his release, which prohibit the possession of firearms, excessive consumption of alcohol, and the use of drugs or other controlled substances.

Grant's lawyer, Peter Cooper, did not immediately respond to a request for comment.

Cooper told WUSA-TV in Washington, DC that Grant's behavior was due to stress and untreated mental health issues.

Grant and co-defendant Ryan Samsel are believed to have been the first two people to cross a police barricade in a restricted area near Peace Circle during the riot, waving to the Trump mob behind them to follow, according to indictment documents.

Grant was also videotaped pushing a metal barricade into a Capitol police officer and defending other troublemakers, the documents said.

The proposal to revoke Grant's release said: "Grant's underlying conduct in this case involved violent crimes, specifically assaulted by two different USCP officers ... He also went into the US Capitol and went into at least two private Senate offices."

He faces several charges stemming from the riots, including assault, resistance or obstruction of certain officers by using a dangerous weapon or inflicting bodily harm, civil disorder and a physical act of violence in the Capitol area or buildings.

He pleaded not guilty Tuesday.

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