Emil Kozeluh (U.S. Attorney’s Office).
An Illinois man wearing a Donald Trump hat is accused of facing off against cops, giving them the middle finger and entering the U.S. Capitol building during the Jan. 6 riots.
Emil Kozeluh, 41, faces charges related to the insurrection. He’s named along with codefendant Michael Mollo Jr., 44, in a federal complaint alleging disorderly conduct, parading in a capitol building, and civil disorder.
The two allegedly entered the Capitol grounds and building, court documents said.
Kozeluh, wearing his red baseball cap that read, “Trump ***2020*** NO MORE BULL S—” and Mollo, wearing a yellow “Don’t Tread on Me” flag as a scarf, reinforced knuckle gloves and a white “1776” design bandana, approached the Capitol at around 2 p.m., walking past bike rack barriers, court documents said.
They were allegedly seen on police body cameras and other footage facing off against Metropolitan Police surrounded by angry rioters. At points, flash-bangs can be heard, and smoke is visible in the air, court documents said.
Both men allegedly yelled at the officers repeatedly. Kozeluh gave the officers the middle finger, according to court documents.
Mollo shouted at the officers, saying, “They’re stealing our country,” while using his body to push an officer, court documents said.
At one point, Mollo allegedly put his hand on an officer’s baton.
The officer said to Mollo, “You see what you’re doing?” before gesturing to his body camera and saying, “You’re on camera,” the documents said.
In response, Mollo backed up and responded, “No, I ain’t do nothing,” and then pulled up his mask to cover his face, court documents said.
The two allegedly climbed a set of steps and made their way to the Upper West Terrace.
At 2:41 p.m., Kozeluh used his body to prop the Rotunda Lobby doors open as officers tried to close them from the outside, court documents said. Kozeluh motioned to the rioters to pass by the officers and enter the building, according to court documents.
Kozeluh and Mollo exited the Rotunda Lobby Doors on the east side of the Capitol at approximately 2:47 p.m., after nearly 30 minutes inside the building, court documents said. After exiting, video shows Mollo giving another rioter a high-five and repeatedly shouting, “This is our house!” the documents said.
The two were arrested after coming to the FBI’s attention when acquaintances contacted agents about the defendants’ involvement in the riots, court documents said.
Kozeluh’s attorney, Steve Greenberg, said his client was “a peaceful protester that day,” the Chicago Tribune reported.
“He should not be prosecuted just because he was there, which appears to be the case,” Greenberg said. “In this country, you should be allowed to support whomever you want and protest wherever you want, as long as it is peaceful.”
The newspaper reported that Kozeluh has a criminal record that includes an arrest for murder. He was charged in the killing of a man in 2005 in a botched robbery but was found not guilty in a bench trial in 2017.
Anthony Sabatini, an attorney for Mollo, said in an email to Law&Crime that the DOJ should drop the charges immediately.
“My client is innocent and was a peaceful protester on January 6th,” he wrote. “It’s disgraceful these charges were even brought. I look forward to clearing his good name.”
Mollo is a former heavyweight boxer nicknamed “Merciless.”
In the 46 months since the Capitol attack, 1,561 people have been charged with crimes associated with it, authorities said. Illegal parading and picketing and disorderly conduct are among the most common charges and convictions for Jan. 6 defendants.
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