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Men face felony charge over $40K in damage to Capitol window

Justin LaGesse and Theodore Middendorf, both of Illinois, were arrested on felony and misdemeanor charges related to the Capitol riot.

WASHINGTON — Two men from Illinois were arrested this week on charges stemming from their alleged role in the Capitol riot, including one felony count each tens of thousands of dollars’ worth of damage to a window on the north side of the building.

Justin LaGesse, 37, of Theodore Middendorf, 36, both of McLeansboro, were charged with multiple misdemeanor counts of disorderly conduct and entering and remaining in a restricted building. They also face one count each of destruction of government property in an amount greater than $1,000 – a felony that has earned other Jan. 6 defendants a terrorism enhancement at sentencing.

According to charging documents, federal investigators received a tip in July 2022 that LaGesse had told several friends he was at the Capitol on Jan. 6, 2021. They then located his Facebook page, which contained an image of an individual at the Capitol with the caption, “I made the cover of AP news on you tube [sic] from my washington [sic] trip.”

Investigators also received a tip about Middendorf in January 2023 and subsequently found a post on his Facebook page where he indicated he planned to be at the Capitol on Jan. 6, 2021.

An individual familiar with both men identified them during an interview with the FBI in surveillance footage from inside the Capitol. In an image contained in charging documents, the men can be seen walking through a hallway next to one another. LaGesse can be seen carrying a large Gadsden flag and Middendorf an American flag. Both wore matching “f*** antifa” shirts underneath their jackets.

Credit: Department of Justice
Two men identified by the FBI as Justin LaGesse (red circle) and Theodore Middendorf (yellow circle) march through the U.S. Capitol on Jan. 6, 2021.

According to investigators, both men entered the Capitol through a broken window near the Senate Wing door. They then joined in a chant of “U.S.A.” with others before moving to the Crypt and then to the Hall of Columns. They eventually left the building through a door on the south side, but did not leave the grounds.

Investigators say once outside again, the men approached officers standing behind a bike rack barricade, where LaGesse called them “f***ing traitors” and “f***ing communist scum” along with other insults for several minutes. Then men allegedly then returned to the northern side of the building, where they encountered another group of rioters attempting to breach another entrance. Investigators said while police were working to stop the rioters from entering the building, LaGesse and Middendorf used their flag poles to repeatedly strike a nearby window. According to the affidavit, the window struck by the two men suffered more than $40,000 worth of damage.

Both LaGesse and Middendorf were arrested Wednesday. They were expected to make their initial appearances before a federal judge in the Southern District of Illinois.

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