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  • Arrested

Benjamin BurlewLast Updated: January 4, 2022



Insurrection Related Information

  • Present at Capitol on 1/6

Litigation Details

  • Arrested in Miami, Oklahoma
  • Charged on Oct 27, 2021

Executive Summary

According to court documents, Burlew was captured in two videos engaging in a physical assault against a credentialed media member who works as a photographer for the Associated Press.

As depicted in the video, the photographer was pulled down a set of stairs near the lower west terrace of the U.S. Capitol Building by two unknown assailants. While attempting to avoid confrontation with these unknown assailants, the photographer relocated his position elsewhere on the stairs, at which point the photographer was aggressively confronted by Burlew. As alleged, after that confrontation, Burlew, together with other assailants including Alan William Byerly, grabbed the photographer and pushed him, then shoved and dragged him parallel to the stairs. Byerly was indicted on Aug. 20 in the District of Columbia in connection with this conduct and for assaulting a District of Columbia Metropolitan Police Officer during another, separate incident.

After shoving the photographer, Burlew disengaged and walked in the other direction while the other assailants continued to push and drag the victim.

Later, the photographer can be observed on video having been backed up against a low stone wall separating the U.S. Capitol structure from the west lawn of the U.S. Capitol by the assailants. As alleged, Burlew lunged toward the photographer and grabbed his upper chest and leg to forcefully throw and push the photographer over the wall to the west lawn of the U.S. Capitol Building, several feet below. Burlew continued to shove and push the photographer until the photographer was thrown backward over the wall, where he landed on his back on the grounds of the west lawn. As alleged, Burlew can be seen in the video leaning over the wall to observe his fall.

Litigation Details

Case File:



Assault in Special Maritime and Territorial Jurisdiction Act of Physical Violence on Grounds

Timeline of Litigation

  • Arrested

    Miami, Oklahoma | August 19, 2021
  • Initial Appearance

    August 20, 2021 "Initial appearance held 8/20."
  • Charged

    October 27, 2021 "Indicted 10/27."

Press Coverage

  • Miami, Oklahoma, man arrested in Jan. 6 U.S. Capitol breach accused of attacking AP photographer

    Published on October 4, 2021 Read at Tulsa World
  • Oklahoma Man Arrested for Assault on Media During Jan. 6 Capitol Breach

    Published on August 25, 2021 Read at US DOJ

Affiliated People (7)

  • 6g1JJxrgBTZDU-1YntSATEupc138uM_uvgrrax67Vfo.png
    • Convicted

    Chase Allen

    Litigation Status
    • Arrested in Seekonk, Massachusetts
    • Sentenced on April 20, 2023
  • ubPvMAvQSnzMKlZplWHrMIfzZj9_Qa_NtZqOHHyXZaU.png
    • Convicted

    Joshua Haynes

    Litigation Status
    • Arrested in Roanoake, Virginia
    • Sentenced on February 3, 2023
  • sMkASbxrQwg6541damI4PkGVGwxWuboB4wHObDP3R1k.png
    • Convicted

    Sandra Weyer

    Litigation Status
    • Arrested in Mechanicsburg, Pennsylvania
    • Sentenced on September 14, 2023
  • h9FjxlVi9zN0xZe-axcXHSVHNUUCNNreMCNmmDUL4YA.png
    • Convicted

    Shane Woods

    Litigation Status
    • Arrested in Springfield, Illinois
    • Sentenced on October 4, 2023
  • Z10tobBgLP4_3kQfXw9JCtUq43KEL2kYrUauLa6M6lM.png
    • Convicted

    Gabriel Brown

    Litigation Status
    • Arrested in Bayville, New York
    • Sentenced on July 12, 2023
  • Rpwo_RdjjW-7178B-YjPe26Arj4Cei_7PMcew0l5kUU.png
    • Convicted

    Zvonimir Jurlina

    Litigation Status
    • Sentenced on July 20, 2023
  • AL1OtUR0v2-a0stEDfLNaMnKM3tEvYXmnEHkk0wTsf8.png
    • Convicted

    Alan Byerly

    Litigation Status
    • Arrested in Fleetwood, Pennsylvania
    • Sentenced on October 21, 2022

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