Federal prosecutors have charged a northwest Missouri man in the Capitol insurrection, saying he denied breaching the building then later told agents that reviewing videos he took that day reminded him that he had indeed gone inside.
Lloyd Casimiro Cruz Jr., 39, of Polo — about 50 miles northeast of Kansas City — was arrested Feb. 28. He is charged with parading, demonstrating or picketing in a Capitol building and entering or remaining in a restricted building or grounds. Both charges are misdemeanors.
Cruz was released on a personal recognizance bond, and his arraignment is scheduled for March 29 in U.S. District Court for the District of Columbia. His attorney, Ronna Holloman-Hughes, declined a request for comment.
The case brings to 19 the number of Missouri residents accused of invading the Capitol on Jan. 6. To date, more than 750 people have been charged in connection with the insurrection, with about 230 pleading guilty — mostly to misdemeanors — and more than 115 sentenced. Of the 19 Missouri defendants, four have been sentenced and six others have pleaded guilty and await sentencing.
According to an FBI affidavit, records obtained through a search warrant issued to Google showed that a mobile device associated with Cruz's email address was in the U.S. Capitol Crypt on Jan. 6, 2021. And records obtained from a search warrant issued to AT&T showed that the cellphone associated with Cruz's phone number was in the Capitol that day, the affidavit says.
An FBI agent interviewed Cruz on May 19, 2021, at the Caldwell County Courthouse in Kingston, Missouri. Cruz told the agent that he drove with friends to Washington, D.C., on Jan. 3, 2021, to attend the pro-Trump "Stop the Steal" rally, the affidavit says. At the rally, Cruz said, former President Donald Trump encouraged the crowd to march to the Capitol. Cruz said he marched with the crowd down Pennsylvania Avenue, arriving at the west side of the Capitol about 15 minutes after Trump's speech ended.
"Cruz stated he observed U.S. Capitol personnel removing the lower barriers to allow people to walk closer to the building," the affidavit says. "Cruz stated he observed the upper barriers being pushed over and moved out of the way by people who, from their dark clothing and behavior, Cruz assumed were affiliated with Antifa."
Cruz told the FBI agent that he saw police in riot gear on the Capitol steps. He watched the growing crowd "for a while," then walked to some nearby food trucks to get lunch, the affidavit says. Cruz said he saw tear gas and rubber bullets being deployed on protesters pushing through the barriers, so he went onto the Capitol grounds to help anyone who had been injured.
He told the agent that he walked up the northwest exterior steps of the Capitol but stayed on the landing and did not enter the building. He said he saw a window break on the northwest side of the building and, realizing the situation was deteriorating, left.
Cruz told the FBI he had recorded about 15 minutes of footage at the Capitol with his GoPro camera. He said he would look for the video and if he found it, would give it to the FBI.
The agent interviewed Cruz again on June 1, 2021, this time at his home, according to the affidavit. Cruz gave the agent a thumb drive that contained photos and videos of his trip to D.C.
"Cruz stated that reviewing these videos prior to the FBI's arrival reminded him that he entered the U.S. Capitol building on January 6, 2021," the affidavit says. "Cruz stated the activity he recorded with his GoPro camera included a man attempting to break a U.S. Capitol window, and Cruz walking near the Capitol Rotunda."
Cruz told the agent he wore a green coat, a camouflage Trump hat and a black face mask when he entered the Capitol, according to the affidavit. He said he later saw himself on surveillance footage from inside the Capitol that had been posted on One America News Network's website, and he took a screenshot of his image.
The agent called Cruz on July 23, the affidavit says. Cruz told the agent that when he marched to the Capitol he was under the impression that Congress was in recess and that the vote to certify the presidential election results was to be later in the day.
According to the affidavit, U.S. Capitol video surveillance recorded Cruz entering the building at 2:14 p.m. and exiting at approximately 2:21 p.m. The FBI agent paid another visit to Cruz at his home on Aug. 26, the affidavit says, and showed him the image of him going into the building.
"Cruz stated he recognized the camouflage Trump hat he was wearing in this image," the affidavit says. Then, the agent wrote: "Cruz retrieved this hat from inside his residence."
