Lawyers for a former military captain accused of violating the Capitol on January 6 are asking that his ankle monitor be removed because his random beep could lead to embarrassing interactions with potential business clients.
The GPS device also poses a safety hazard, said lawyers for Gabriel Augustin Garcia, a Florida man arrested in January.
“The monitor randomly started beeping loudly around potential clients, immediately followed by an embarrassing phone call from the pre-trial services asking for its exact location,” lawyers said in court documents filed earlier this month. .
“The monitor around his ankle is dangerous and a danger to work; he climbs ladders and the GPS monitor often gets stuck on the next step of the ladder as he climbs; once he almost fell off a ladder.
Garcia owns a roofing company in Miami, Supreme Aluminum Florida, which employs 14 workers, the attorneys said in the documents.
Garcia, who is out on bail, has been charged with several crimes related to the January 6 riot, including obstructing formal proceedings and protesting at a Capitol building, according to the US Department of Justice. . He pleaded not guilty.
According to an FBI statement of fact, Garcia uploaded videos to Facebook while inside the building during the riot.
“We went ahead and stormed the Capitol. It’s about to get ugly,” Garcia said in a video, according to the document.
At another point he urged people to “storm this shit”, called Capitol Police officers “traitors” and, while in the rotunda, said: “Nancy come out and play, “according to the FBI. The latter was an apparent reference to House Speaker Nancy Pelosi.
Garcia reportedly said, “Free Enrique,” an apparent reference to felony-accused Proud Boys leader Enrique Tarrio of Miami, the FBI said.
Garcia’s attorneys have said in court documents that federal prosecutors “oppose” the motion to remove the GPS monitor.
One of Garcia’s attorneys, Aubrey Webb, said in an emailed statement Friday that there was “no reason” for him to have to wear a GPS monitoring bracelet.
“He is not charged with committing acts of violence against anyone or destroying property,” said Webb. “He is a small business owner, presumed innocent, and has no criminal history.
Garcia ran in the Republican election last year, to be state representative in the Miami-Dade area, NBC Miami reported. He lost in the primary by more than 17 percentage points, according to state electoral records.
Phil helsel contributed.