Title
ALVEAR GONZALEZ, Eduardo Nicolas Freedom Fighter
ALVEAR GONZALEZ, Eduardo Nicolas Freedom Fighter
Case 1:21-cr-00115-CRC Case: 1:21-mj-00189
Judge G. Michael Harvey
EDUARDO NICOLAS ALVEAR GONZALEZ (AKA: ALVEAR
GONZALEZ EDUARDO NICOLAS; NICOLAS ALVEAR)
DOB:XXXXXX
Charged via information on 2/11/21. Arrested 2/12/21 in the Eastern District of Virginia. Initial Appearance 2/12/21 at 2:00pm.
Arraigned 3/24 where he pleaded not guilty to counts 1-4.
Status conference set for July 22 at 11 a.m.
Capitol rioter dubbed ‘Doobie Smoker’ will remain in jail
February 12, 2021 at 7:10 pm EST
By Bob D'Angelo, Cox Media Group National Content Desk
NORFOLK, Va. — A California man, who was caught on video smoking marijuana inside the U.S. Capitol during the Jan. 6 siege, will remain in jail, a federal judge ruled Friday.
>> Read more trending news
Eduardo Nicolas Alvear Gonzalez, 32, of Ventura, nicknamed the “The Capitol Rotunda Doobie Smoker,” was arrested in an apartment in Virginia Beach, Virginia, on Tuesday, The Virginian-Pilot reported.
On Friday, Gonzalez was ordered by U.S. Magistrate Judge Lawrence Leonard to remain jailed and transferred to Washington, D.C., where his next hearing will be held on charges related to the riot at the Capitol, according to The Associated Press.
Gonzalez is charged with knowingly entering or remaining in a restricted building or grounds without lawful authority and engaging in disorderly or disruptive conduct, The Virginian-Pilot reported.
In several videos posted online after the Jan. 6 riot, a long-haired man with American flag pants is seen standing in the building’s rotunda with what appears to be a self-rolled cigarette in his hand, The Virginian-Pilot reported.
“It’s time to smoke weed in here,” the man yells in one of the recordings, according to Assistant U.S. Attorney Andrew Bosse in a criminal complaint filed. After lighting the joint, the man hands out several others to fellow rioters, the complaint said.
In a YouTube video titled “The Capitol Rotunda Doobie Smoker explains why he did it,” Gonzalez responds “Freedom” when somebody on the video asked why he was smoking in the Capitol,
The day after the insurrection, Gonzales live-streamed a Zoom video, The Virginian-Pilot reported. Gonzalez described numerous photos and videos taken in the Capitol building and talked about going into the building to “take our country back,” the complaint said. Gonzalez also talked about how he and others walked around looking for “doors to break in,” according to the complaint.
MICHAEL R. SHERWIN
Acting United States Attorney
N.Y. Bar No. 4444188
TROY A. EDWARDS, JR.
Assistant United State Attorney
N.Y. Bar No. 5453741
555 4th Street, N.W., Room 2116
Washington, D.C. 20530
Office: (202) 258-1251
The Governments Document
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA : CRIMINAL NO.
:
v. : MAGISTRATE NO. 21-MJ-189
:
EDUARDO NICOLAS ALVEAR GONZALEZ, : VIOLATIONS:
also known as “Alvear Gonzalez Eduardo Nicholas,” : 18 U.S.C. § 1752(a)(1)
also known as “Nicolas Alvear,” : (Entering and Remaining in a Restricted
: Building or Grounds)
Defendant. : 18 U.S.C. § 1752(a)(2)
: (Disorderly and Disruptive Conduct in a
: Restricted Building or Grounds)
: 40 U.S.C. § 5104(e)(2)(D)
: (Disorderly Conduct in a Capitol Building)
: 40 U.S.C. § 5104(e)(2)(G)
: (Parading, Demonstrating ot Picketing in the Capitol Building
I N F O R M A T I O N
The United States Attorney charges that:
COUNT ONE
On or about January 6, 2021, within the District of Columbia, EDUARDO NICOLAS
ALVEAR GONZALEZ, also known as “Alvear Gonzalez Eduardo Nicholas,” also known as
“Nicolas Alvear,” did unlawfully and knowingly enter and remain in a restricted building and
grounds, that is, any posted, cordoned-off, or otherwise restricted area within the United States
Capitol and its grounds, without lawful authority to do so.
(Entering and Remaining in a Restricted Building or Grounds, in violation of Title 18,
United States Code, Section 1752(a)(1))
COUNT TWO
On or about January 6, 2021, within the District of Columbia, EDUARDO NICOLAS
ALVEAR GONZALEZ, also known as “Alvear Gonzalez Eduardo Nicholas,” also known as
“Nicolas Alvear,” did knowingly, and with intent to impede and disrupt the orderly conduct of
Case 1:21-cr-00115-CRC Document 5 Filed 02/11/21 Page 2 of 3
Government business and official functions, engaged in disorderly and disruptive conduct in and
within such proximity to a restricted building and grounds, that is, any posted, cordoned-off, or
otherwise restricted area within the United States Capitol and its grounds, where the Vice President
and Vice President-elect were temporarily visiting, when and so that such conduct did in fact
impede and disrupt the orderly conduct of Government business and official functions.
(Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation
of Title 18, United States Code, Section 1752(a)(2))
COUNT THREE
On or about January 6, 2021, within the District of Columbia, EDUARDO NICOLAS
ALVEAR GONZALEZ, also known as “Alvear Gonzalez Eduardo Nicholas,” also known as
“Nicolas Alvear,” willfully and knowingly engaged in disorderly and disruptive conduct in any of
the Capitol Buildings with the intent to impede, disrupt, and disturb the orderly conduct of a session
of Congress or either House of Congress, and the orderly conduct in that building of a hearing
before or any deliberation of, a committee of Congress or either House of Congress.
(Disorderly Conduct in a Capitol Building, in violation of Title 40, United States Code,
Section 5104(e)(2)(D))
2
Case 1:21-cr-00115-CRC Document 5 Filed 02/11/21 Page 3 of 3
COUNT FOUR
On or about January 6, 2021, within the District of Columbia, EDUARDO NICOLAS
ALVEAR GONZALEZ, also known as “Alvear Gonzalez Eduardo Nicholas,” also known as
“Nicolas Alvear,” willfully and knowingly paraded, demonstrated, and picketed in any United
States Capitol Building.
(Parading, Demonstrating, or Picketing in a Capitol Building, in violation of Title 40,
United States Code, Section 5104(e)(2)(G))
Respectfully submitted,
MICHAEL R. SHERWIN
Acting United States Attorney
N.Y. Bar No. 4444188
By:
TROY A. EDWARDS, JR.
Assistant United State Attorney
N.Y. Bar No. 5453741
555 4th Street, N.W., Room 2116
Washington, D.C. 20530
Office: (202) 258-1251
https://www.justice.gov/usao-dc/case-multi-defendant/file/1378631/download
https://www.justice.gov/usao-dc/case-multi-defendant/file/1378626/download
https://www.justice.gov/usao-dc/case-multi-defendant/file/1378636/download
UNITED STATES DISTRICT COURT for the District ofColumbia
United States of America
Your affiant, , is a Special Agent assigned to FBI’s Joint Terrorism Task
Force (JTTF) in Cincinnati, Ohio, Columbus Resident Agency. In my duties as a Special Agent
Comments
STATEMENT OF FACTS By the Government
Your affiant, , is a Special Agent assigned to FBI’s Joint Terrorism Task
Force (JTTF) in Cincinnati, Ohio, Columbus Resident Agency. In my duties as a Special Agent,
I investigate international and domestic terrorism offenses. Currently, I am tasked with
investigating criminal activity in and around the Capitol grounds on January 6, 2021. As a Special
Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention,
detention, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the
U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol
Police. Only authorized people with appropriate identification were allowed access inside the U.S.
Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of
the public.
On January 6, 2021, a joint session of the United States Congress convened at the United
States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session,
elected members of the United States House of Representatives and the United States Senate were
meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral
College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint
session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the
House and Senate adjourned to separate chambers to resolve a particular objection. Vice President
Mike Pence was present and presiding, first in the joint session, and then in the Senate chamber.
As the proceedings continued in both the House and the Senate, and with Vice President
Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol.
As noted above, temporary and permanent barricades were in place around the exterior of the U.S.
Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away
from the Capitol building and the proceedings underway inside.
At such time, the certification proceedings were still underway and the exterior doors and
windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police
attempted to maintain order and keep the crowd from entering the Capitol; however, shortly around
2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking
windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged
and assisted those acts.
Shortly thereafter, at approximately 2:20 p.m. members of the United States House of
Representatives and United States Senate, including the President of the Senate, Vice President
Mike Pence, were instructed to and did evacuate the chambers. Accordingly, the joint session
of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
President Pence remained in the United States Capitol from the time he was evacuated from the
Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which
appeared to be captured on mobile devices of persons present on the scene depicted evidence of
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 1 of 7
Case: 1 :21-rnj-00285
Assigned To : Harvey, G. Michael
Assign. Date : 3i5i2021
Description: Complaint w/ Arrest Vt/;.1rrant
— —
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 2 of 7
violations of local and federal law, including scores of individuals inside the U.S. Capitol building
without authority to be there.
Social Media Evidence of ADAMS’ Participation in the Events of January 6
On approximately January 7, 2021, an informant (W-1), provided a tip to the FBI
identifying ADAMS. W-1 identified himself. He did not know ADAMS personally, but explained
that he was friends with a high school classmate of ADAMS’. W-1 provided the information
regarding ADAMS voluntarily, without financial compensation or other enticement/inducement,
and W-1’s information was corroborated through a ereview of publicly available information and
law enforcement records. W-1 told the FBI that ADAMS is associated with the Instagram account
with a username of jokerschild1994 and had videotaped himself breaking into the U.S. Capitol.
W-2 provided a screen recording of ADAMS’ Instagram story (video) which was posted
on January 7, 2021. The FBI reviewed the Instagram story, which includes close-up video of
individuals breaking in to the Capitol, photos of Washington, D.C., landmarks, and statements
including “We stormed the Capitol building and the senate today! I can tell my grandchildren I
was there!” It also includes video of a crowd walking toward the Capitol, and someone (who
seems to be the person holding the camera) can be heard saying, in substance, that they were going
to break into the Capitol and that the Capitol police better have enough pepper spray.
Instagram records confirmed that the Instagram account jokerschild1994 is associated with
ADAMS, with an e-mail address of [email protected], and T-Mobile phone number
***-***-5569. Records provided by Facebook (username jared.adams.35325) include the same
e-mail address and phone number. Records lawfully provided by Google reveal that the mobile
device associated with [email protected] belonged to a Google account registered in
the name of Jared Hunter ADAMS. The Google account also lists a recovery SMS phone number
that matches ***-***5569, the same number as identified above. Information from law
enforcement databases indicates that ADAMS lives in Plain City, Ohio. The FBI reviewed
ADAMS’ application for an Ohio driver’s license, which contains the same phone number (***-
***-5569)). In addition, three managers of apartment complexes where ADAMS either lived or
applied for an apartment between 2017 and July 2019 also confirmed his phone number.
Location Data Indicating ADAMS’ Presence at the Capitol on January 6
According to records lawfully obtained from Google, a mobile device associated
with [email protected] was present at the U.S. Capitol on January 6, 2021. Google
estimates device location using sources including GPS data and information about nearby Wi-Fi
access points and Bluetooth beacons. This location data varies in its accuracy, depending on the
source(s) of the data. As a result, Google assigns a “maps display radius” for each location data
point. Thus, where Google estimates that its location data is accurate to within 10 meters, Google
assigns a “maps display radius” of 10 meters to the location data point. Finally, Google reports
that its “maps display radius” reflects the actual location of the covered device approximately 68%
of the time. In this case, Google location data shows that a device associated with
[email protected] was within the U.S. Capitol from approximately 2:53 p.m. until
approximately 4:40 p.m. for a total approximate time inside the U.S. Capitol of one hour and 47
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 3 of 7
minutes. Google records show that the “maps display radius” for this location data was less than
100 feet, which encompasses an area that is partially within the U.S. Capitol Building.
As illustrated in the map below, the listed locations encompass areas that are partially
within the U.S. Capitol Building during 2:53 p.m. until 4:40 p.m. Specifically, Google location
data shows that a device associated with [email protected] was within the U.S. Capitol
at the times and locations shown in the map below (at the locations reflected by each darker blue
circle), with the “maps display radius” reflected in the map below (as reflected in a lighter blue
ring around each darker blue circle). In addition, as illustrated in the map below, the listed
locations were entirely within areas of the U.S. Capitol Grounds which were restricted on January
6, 2021.
--------------------
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 4 of 7
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The FBI has reviewed the available information for [email protected] in order
to determine whether there was any evidence that devices associated with that address could have
lawfolly been inside the U.S. Capitol Building on January 6, 2021. The information for that
address did not match any information for persons lawfolly within the Capitol. Accordingly, I
believe that the individual possessing this device was not authorized to be within the U.S. Capitol
Building on January 6, 2021.
Video Evidence of ADAMS' Intrusion into the Capitol on January 6
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 5 of 7
The FBI also obtained a copy of ADAMS ' Ohio driver's license.
Based on the above information, your Affiant was able to locate Jared ADAMS on U.S.
Capitol Police security video from inside the U.S. Capitol. Photos from this video footage were
created. In the footage, ADAMS is wearing an Ohio State sweatshni and a backwards baseball
cap. Your affiant compared ADAMS' driver's license photo to photographs below and reasonably
believes that the individual cii·cled is ADAMS.
On Febrnary 19, 2021, the FBI interviewed Jared ADAMS' former roommate (W-2). W-2
lived with ADAMS for approximately two years, between 2017 and 2019. During the interview,
W-2 identified ADAMS in the photos that were created from the video footage from inside the
U.S. Capitol. W-2 viewed two photos. When W-2 viewed the photo below, he ci.J.·cled, drew an
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 6 of 7
arrow toward, and initialed near a person he thought was ADAMS. W-2 was not confident that
the person he circled, drew an arrow to, and initialed was Jared ADAMS. The person W-2
identified is not the same person identified by the FBI, and does not appear to be ADAMS.
W-2 was then shown the photo below. W-2 circled, drew an arrow toward, and initialed
an individual he stated he was positive was ADAMS. The individual who W-2 identified was the
same individual the FBI had identified as ADAMS.
Case 1:21-cr-00212-ABJ Document 1-1 Filed 03/08/21 Page 7 of 7
Based on the foregoing, your affiant submits that there is probable cause to believe that
ADAMS violated 18 U.S.C. § 1752(a)(l) and (2), which makes it a crime to (1) knowingly enter
or remain in any restricted building or grounds without lawful authority to do; and (2) knowingly,
and with intent to impede or disrnpt the orderly conduct of Government business or official
functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted
building or grounds when, or so that, such conduct, in fact, impedes or disrnpts the orderly conduct
ofGovernment business or official functions; or attempts or conspires to do so. For purposes of
Section 1752 of Title 18, a "restricted building" includes a posted, cordoned off, or othe1wise
restricted area ofa 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 ofnational significance.
Your affiant submits there is also probable cause to believe that ADAMS violated 40
U.S.C. § 5104(e)(2)(D) and (G), which makes it a crime to willfully and knowingly (D) utter loud,
threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the
Grounds or in any ofthe Capitol Buildings with the intent to impede, disrnpt, or disturb the orderly
conduct of a session of Congress or either House of Congress, or the orderly conduct in that
building of a hearing before, or any deliberations of, a committee ofCongress or either House of
Congress; and (G) parade, demonstrate, or picket in any ofthe Capitol Buildings.
Respectfully submitted,
FEDERAL BUREAU OF INVESTIGATION
Attested to by the applicant in accordance with the requirements ofFed. R. Crim. P. 4.1 by
telephone, this 8th day ofMarch 2021. Dig itally signed by G.
Michael Harvey t;J.U i!f·· ,,--. Date: 2021.03.08 11 :06:28 Yd -os·oo·
G. MICHAEL HARVEY
U.S. MAGISTRATE JUDGE