Indiana Men Plead Guilty to Assaulting Officers During Capitol Breach
WASHINGTON – Two Indiana residents have admitted to charges of assaulting law enforcement officers during the January 6, 2021, incursion at the U.S. Capitol. This incident interrupted a joint session of Congress tasked with certifying the 2020 presidential election results.
Donald Lee Moss, 62, from Elizabethtown, Indiana, and James Link Behymer, 61, from Hope, Indiana, entered guilty pleas to a single count of assaulting, resisting, or impeding certain officers before U.S. District Judge Tanya S. Chutkan. Their sentencing is scheduled for February 13, 2025.
According to documents from the court, the episode unfolded around 2:00 p.m. on January 6, 2021, in Washington, D.C., when a group of Metropolitan Police Department (MPD) officers in riot gear approached the Lower West Terrace of the Capitol. They were confronted by a group of aggressive rioters who encircled them, hurling insults and curses.
The officers repeatedly ordered the crowd to “move back” and attempted to physically move them using their hands and batons. At approximately 2:01 p.m., Behymer and Moss approached the officers. An MPD officer extended a hand toward Behymer, instructing him to “step back for your own safety.” Despite these directives, the pair refused to comply. Behymer raised his fist, chanting “USA! USA! USA!” while Moss pointed at the Capitol building, shouting, “This is our f— house!”
Subsequently, Behymer struck an officer’s wrist with his fist and later hit the officer’s arm again when the officer tried to hold him back. Moss pushed the officer’s hand away from Behymer. The duo’s actions intensified a tense situation where officers were surrounded and physically pressed by the rioters, who also hurled objects like traffic cones at them.
Behymer continued to chant “USA! USA! USA!” while Moss instructed an officer to “Get your f— hand off of him!” During this chaos, other rioters insulted the police with shouts such as “F— You! F— Nazis!” and “You’re the traitors!” Shortly thereafter, Moss forcefully shoved another officer.
By 2:02 p.m., Behymer was at the forefront of the rioters, physically contacting officers. Despite warnings from police, he grabbed an officer’s hand and baton. Around 2:03 p.m., he again engaged with officers, holding onto a baton.
About ten minutes later, at 2:13 p.m., Behymer and Moss breached the Capitol through the Senate Wing doors. Moss later encouraged other rioters to enter the building and used a chair to obstruct a closing door. They exited the Capitol around 2:41 p.m. and 2:43 p.m., respectively, only to re-enter shortly after a barricade was breached at the Senate Wing doors. They finally exited at 3:34 p.m.
The U.S. Attorney’s Office for the District of Columbia, along with the Department of Justice’s National Security Division’s Counterterrorism Section, is prosecuting this case, with assistance from the Southern District of Indiana.
The investigation, led by the FBI’s Indianapolis and Washington Field Offices, received significant contributions from the U.S. Capitol Police and the Metropolitan Police Department. Notably, Moss was listed as BOLO (Be on the Lookout) #401 by the FBI.
Since January 6, 2021, over 1,504 individuals across nearly all 50 states have faced charges related to the Capitol breach. More than 560 have been accused of assaulting or impeding law enforcement, a felony charge. The investigation continues.
