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Feds Add Gun Complaint Against Madera Man Charged in Capitol Riot



Images from a charging document allegedly show Benjamin Martin at the Jan. 6 U.S. Capitol riot. (USDOJ)
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Federal prosecutors said on Wednesday that Benjamin Martin illegally had guns at his Madera residence when he was arrested on Sept. 2 for allegedly participating in the Capitol Riot.

According to a Department of Justice news release, when the FBI executed federal search warrants at Martin’s residence, they found several firearms in his possession.

Among the weapons: a Benelli 12-gauge shotgun and Kimber 1911 pistol.

Because Martin, 43, has a misdemeanor conviction for domestic violence, he isn’t allowed to possess guns.

Martin has been in Fresno County Jail on a federal marshal’s hold since his arrest last Thursday.

Six Charges from Capitol Riot

Martin faces six charges related to the breach of the U.S. Capitol on Jan. 6. They are:

— Entering and remaining in a restricted building or grounds (18 USC § 1752(a)(1)). Penalty: a fine or imprisonment up to 10 years.

— Disorderly and disruptive conduct in a restricting building or grounds (18 USC § 1752(a)(2)). Penalty: a fine or imprisonment up to 10 years.

— Disorderly conduct in a Capitol building (40USC § 5104(e)(2)(D)). Penalty: a fine or imprisonment up to six months.

— Parading, demonstrating, or picketing in a Capitol building (40USC § 5104(e)(2)(G)). Penalty: a fine or imprisonment up to six months.

— Obstructing law enforcement during civil disorder (18 USC § 231(a)(3)). Penalty: fine or imprisonment up to 5 years.

— Obstructing or impeding an official proceeding (18 USC § 1512(c)(2)). Penalty: fine or imprisonment up to 20 years.

Martin Attorney Says Client Didn’t Do Anything Wrong

Following Martin’s arrest, his attorney, Roger Nuttall, told GV Wire, “We don’t believe Mr. Martin did anything wrong, criminally or civilly.”

Nuttall wasn’t available for comment Wednesday about the new charge Martin faces.

The 13-page charging document for Martin’s alleged actions at the Capitol is at this link.

If convicted on the gun charge, Martin would face a maximum of 10 years in prison and a $250,000 fine.

Bill McEwen is news director and columnist for GV Wire. He joined GV Wire in August 2017 after 37 years at The Fresno Bee. With The Bee, he served as Opinion Editor, City Hall reporter, Metro columnist, sports columnist and sports editor through the years. His work has been frequently honored by the California Newspapers Publishers Association, including authoring first-place editorials in 2015 and 2016. Bill and his wife, Karen, are proud parents of two adult sons, and they have two grandsons. You can contact Bill at 559-492-4031 or at Send an Email

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