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Alleged Capitol Rioter: Ankle Monitor Is Too Noisy

Gabriel Garcia's lawyers claim it also poses a danger to him
By Arden Dier,  Newser Staff
Posted Sep 10, 2021 11:36 AM CDT

(Newser) – A man accused of storming the Capitol on Jan. 6 is asking a judge to remove his ankle monitor because it's noisy, embarrassing, and interfering with his business. Gabriel Garcia, a former GOP candidate who oversees 14 employees at Supreme Aluminum Florida, a Miami-based business he founded in 2017, has made numerous requests to remove the ankle monitor and a 10pm-to-6am curfew since he was arrested Jan. 19 on charges of civil disorder, entering a restricted building, and violent entry and disorderly conduct on Capitol grounds, per the Washington Post and Business Insider.

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A court removed only the curfew after Garcia said in May that he wanted to operate his business 24 hours a day to help pay for legal fees, per the Post. In a new filing, his lawyers say the ankle monitor "has randomly started beeping loudly around potential clients, immediately followed by an embarrassing phone call from pretrial services asking for his exact location." They also claim the monitor is a safety hazard that catches on the rungs of ladders. "One time, he almost fell off the ladder" as a result, they add. Prosecutors filed a Wednesday motion to deny the request, which awaits a judge's ruling, arguing there's been no meaningful change to the circumstances that led to the original court order.

Prosecutors say Garcia filmed himself in a confrontation with Capitol Police officers inside the Capitol building on Jan. 6. "We just went ahead and stormed the Capitol. It's about to get ugly,” he allegedly said in a live video shared on Facebook. He also allegedly urged members of the crowd to storm a line of officers who were trying to block the mob from advancing and yelled "Free Enrique," apparently referring to Proud Boys leader Enrique Tarrio, who'd been arrested days previously. Prosecutors believe Garcia, a former US Army captain, is a member of the far-right Proud Boys group and say he participated in at least one other "hostile demonstration" in Washington, DC, before Jan. 6. (Read more Capitol riot stories.)

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