Three witnesses helped the FBI identify a Marseilles man as one of the protesters who allegedly tussled with the National Guard during the Jan. 6 insurrection at the U.S. Capitol.
Now, 27-year-old Mathew W. Capsel faces three preliminary federal charges that could mean months in prison — perhaps years — if he’s convicted.
Capsel was apprehended in southern Illinois on Tuesday, a week after a special agent with the FBI filed an 11-page affidavit outlining the charges against Capsel. Though a case number has been assigned in U.S. District Court for the District of Columbia, court records reviewed Thursday showed no scheduled dates and no appearance by a defense attorney in Washington.
Equally unclear is what penalties Capsel could face if convicted. A press release from the U.S. Department of Justice disclosed complaints of engaging in physical violence while in a restricted building or grounds, assaulting a member of the armed forces and obstructing a law enforcement officer during the commission of civil disorder.
However, a review of the companion statutes showed disparate sentencing ranges depending on injuries and whether weapons were used in the commission of the offense — and the affidavit on file references neither injuries nor a weapon.
Attempts to reach Capsel for comment were not successful. A message relayed via his divorce attorney was not returned, and a cellular telephone number retrieved from a recent La Salle County Circuit Court filing no longer goes to Capsel.
According the affidavit, FBI special agent Madison Ramsden developed Capsel as a suspect after the agency received a series of tips in the days following the insurrection.
The first tip was received around Jan. 8 from an unidentified witness who submitted screenshots of a Facebook page with the name “Mateo Q Capsel” and a video posted by the Facebook account.
“Witness 1 reported that they had seen multiple videos of Capsel ‘on the frontline of the riot and breach,’” Ramsden wrote. “Witness 1 reported that they were a former neighbor of Capsel and that Capsel was ‘known to be violent.’ ”
Five days later, the FBI received a tip from Witness 2 who submitted screenshots of Facebook posts by “Mateo Q Capsel” stating that they are friends on social media and that Capsel “was at (the) Capitol building when the protesters and rioters got on the building before entering” and had video of this on his Facebook page.
Ramsden reviewed the video posted on social media and wrote “it appears that Capsel is fighting against National Guardsmen attempting to hold the line with riot shields.”
“(I) compared the aforementioned screenshots with the defendant’s driver’s license photograph and confirmed his identity,” Ramsden wrote. “The defendant has the same features and identifiable facial tattoo.”
And a third witness recorded video footage time-stamped 6:23 p.m. EST Jan. 6, 2021.
“In this video, Capsel, identifiable by the tattoos on his face and neck, and wearing the same hat, shirt and necklace, is fighting against National Guardsmen until he is pepper sprayed, as shown in the last screenshot. Specifically, the video depicts Capsel charging against a lined group of National Guardsman, running into their protective shields.”
It was not clear whether Capsel is accused of entering the U.S. Capitol. Ramsden noted the applicable statute defines a “restricted building” as including a posted, cordoned off or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Capsel has another, less serious legal issue pending in La Salle County. He faces misdemeanor charges of violation of an order of protection, domestic battery and criminal trespass to a residence, all stemming from an encounter with his estranged wife.