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The man was facing several federal charges after allegedly traveling to D.C. with his brother, a retired NYPD officer, and a group of Proud Boys. No explanation was immediately given for why the charges were being dropped.
What to Know
Federal prosecutors have dropped the criminal case against a New York man who was accused of participating in the riot at the U.S. Capitol
Prosecutors said in a court filing on Tuesday that they discussed the merits of the case with Kelly's lawyer and decided that ending the prosecution “serves the interests of justice” based on “the facts currently known to the government"
Federal prosecutors have dropped the criminal case against a New York man who was accused of participating in the riot at the U.S. Capitol, in what appears to be the first such move by the Justice Department in its sprawling Jan. 6 prosecution.
The dismissal of the case against Christopher M. Kelly was disclosed on Wednesday, the same day prosecutors secured a second guilty plea by one of the more than 450 Capitol riot defendants.
U.S. Magistrate Judge Zia Faruqui agreed to dismiss the case against Kelly after prosecutors said in a court filing on Tuesday that they discussed the merits of the case with Kelly's lawyer and decided that ending the prosecution “serves the interests of justice” based on “the facts currently known to the government.”
Andrew Harnik/AP
Capitol police stand with guns drawn near a barricaded door as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
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U.S. Capitol police officers take positions as demonstrators enter the U.S. Capitol during a protest in Washington, DC, on Wednesday, Jan. 6, 2021.
(Photo by Win McNamee/Getty Images)
A protester is seen hanging from the balcony in the Senate Chamber on Jan. 6, 2021 in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda as reported tear gas smoke fills a corridor on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump confront Capitol police officers enter the US Capitol on Jan. 6, 2021, in Washington, DC.
Photo by SAUL LOEB/AFP via Getty Images
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by Saul LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
Police hold back supporters of US President Donald Trump as they gather outside the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Win McNamee/Getty Images
Protesters gather inside the U.S. Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by Win McNamee/Getty Images)
A protester is seen inside the US Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits at a desk after invading the Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Andrew Harnik/AP
Capitol police try to hold back protesters outside the east doors to the House side of the Capitol in Washington, DC, Jan. 6, 2021.
J. Scott Applewhite/AP
House of Representatives members leave the floor of the House chamber as protesters try to break into the chamber at the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington, DC.
Andrew Harnik/AP
People shelter in the House gallery as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
WASHINGTON, DC – JANUARY 06: Protesters interact with Capitol Police inside the U.S. Capitol Building on January 06, 2021 in Washington, DC. Congress held a joint session today to ratify President-elect Joe Biden’s 306-232 Electoral College win over President Donald Trump. A group of Republican senators said they would reject the Electoral College votes of several states unless Congress appointed a commission to audit the election results. (Photo by Win McNamee/Getty Images)
TOPSHOT – Damage is seen inside the US Capitol building early on January 7, 2021 in Washington, DC, after supporters of US President Donald Trump breeched security and entered the building during a session of Congress. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: Two members of a pro-Trump mob look out through a broken window from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob screams out at the crowd from the inside of the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob shatters a window with his fist from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
AP Photo/Manuel Balce Ceneta
Supporters of President Donald Trump are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol, Wednesday, Jan. 6, 2021 in Washington. (AP Photo/Manuel Balce Ceneta)
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump sit inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Supporters of US President Donald Trump protest inside the US Capitol on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
Roberto Schmidt/AFP via Getty Images
Supporters of US President Donald Trump protest inside the US Capitol on Jan. 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer maces a Trump rioter who broke through a window on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Congress staffer holds his hands up while Capitol Police Swat team check everyone in the room as they secure the floor of Trump suporters in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer is treated for injuries on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Capitol Police Swat team member patrols the US Capitol in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
Photographer: Ting Shen/Bloomberg via Getty Images
A members of the U.S. Capitol Police responds to demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images
Photographer: Ting Shen/Bloomberg via Getty Images
Members of the U.S. Capitol Police respond to the demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images
The filing doesn't elaborate on the decision, and the Department of Justice refused to provide more information. An attorney for Kelly didn’t immediately respond to an email seeking comment.
Faruqui agreed to dismiss the charges “without prejudice,” which means the Justice Department could attempt to revive the case.
Kelly was arrested in New York on Jan. 20 and faced charges of obstructing an official proceeding, aiding and abetting, violent entry and disorderly conduct, and unlawful entry to restricted buildings or grounds.
In an affidavit, an FBI agent said it appeared that Kelly used a Facebook account to inform “associates” that he had breached the Capitol and was inside the building. Two days before the attack, he told another Facebook user that he planned to be in Washington “with ex NYPD and some proud boys," the agent said.
Meanwhile, a Florida man who carried a Trump 2020 flag while in the U.S. Senate during the Jan. 6 riot pleaded guilty on Wednesday to a felony charge of obstructing an official proceeding.
Paul Allard Hodgkins, 38, of Tampa, wore protective goggles under his chin and a Trump shirt while standing nearby as other rioters prayed and shouted from the Senate dais. Trump had told his supporters before the siege to “fight like hell” to overturn his defeat.
Prosecutor Mona Sedky said Hodgkins knew he wasn’t supposed to be in the Capitol and acted with intent to corruptly influence a government proceeding.
The judge asked whether the description of facts read aloud by the prosecutor was correct. “Yes, Your Honor,” Hodgkins said.
FBI Director Christopher Wray says the criminal activities at the Capitol riots on Jan. 6, is viewed by the bureau as "domestic terrorism."
Hodgkins, who has no prior convictions, faces 15 to 21 months in prison under the sentencing guidelines. His sentencing was set for July 19.
The first person to plead guilty in the riot was a member of the Oath Keepers far-right militia group. Jon Ryan Schaffer, a heavy metal guitarist, has also agreed to cooperate with the government’s investigation in the hopes of getting a lighter sentence.
Schaffer pleaded guilty in April to two counts: obstruction of an official proceeding and entering and remaining in a restricted building with a dangerous or deadly weapon. He admitted being one of the first people to forcibly enter the Capitol after the mob broke open a set of doors guarded by Capitol Police.
Steven D’Antuono, Acting Director of the FBI Washington Field Office, and U.S. Attorney Michael Sherwin told reporters on Tuesday that they expect hundreds to be charged in connection with the Capitol riot. D’Antuono also defended the FBI’s response to intelligence prior to the riot, saying, “The FBI cannot open an investigation without a threat of violence or alleged criminal activity… in this case, we had no indication information was linked to any specific person but this was a matter of an online discussion.”
