Raechel Genco was seen on video standing just feet away from Epps on Jan. 6 as he whispered into the ear of her boyfriend, Ryan Samsel, who promptly led a mob that pushed through a police barricade. But different from Samsel, the 38-year-old Pennsylvania woman only stood by. And unlike Epps, Genco was not seen a day earlier supporting a crowd to enter the Capitol illegally.
That incident occurred just outside the restricted area, but Epps was later filmed well inside the forbidden zone, as was Genco. But of the two, only Genco was punished with a sole count of trespassing on restricted Capitol grounds. She faces up to a year in prison if convicted.
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Prosecutors presented a single frame of video footage showing Genco walking on restricted Capitol grounds in their criminal complaint. Epps was also filmed on the steps of the Capitol building in front of a police line, well inside the restricted area.
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"We're holding ground — we're not trying to get people hurt," Epps was filmed telling the rioter while standing on restricted Capitol grounds.
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Defenders of Epps, such as Republican Rep. Adam Kinzinger of Illinois, say Epps is a free man because there is no proof he committed acts of violence or entered the Capitol building.
The New York Times reported Tuesday that Epps violated the law by entering a restricted part of Capitol grounds but added that the offense "has largely gone unpunished."
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Barbara Palmer, Genco's attorney, refused to comment on the verdict of her client. Nearly every nonviolent Jan. 6 defendant facing criminal charges is accused of breaching the Capitol building during the riot, regardless of how they entered.
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Samsel, who took part in the breach that prosecutors said in a recent court filing "opened up the floodgates to the Capitol," was hit with a slew of charges including using a deadly weapon (a metal barrier) to assault a police officer. He has been in jail for a year and faces up to 20 years in prison if convicted of the most serious charge he faces.
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Epps's unexplained removal from the FBI's most-wanted list of Capitol rioters in early July, in addition to his lack of detention for his involvement in the riot, has led some Republican lawmakers to think that Epps may have been an FBI informant tasked with riling the pro-Trump crowd at the Capitol into a violent tumult.