WASHINGTON — A Delaware man captured marching through the Capitol with a Confederate battle flag in one of the most recognizable photographs of Jan. 6 was convicted Wednesday along with his son of five counts, including corruptly obstructing the joint session of Congress.
After a two day bench trial, U.S. District Judge Trevor McFadden said the government had proven beyond a reasonable doubt that Kevin Seefried and his son Hunter, both of Delaware, committed multiple crimes when they joined a pro-Trump mob during the Capitol riot. McFadden found the father and son guilty on the first five counts in the indictment against them:
- Obstruction of an official proceeding
- Entering and remaining in a restricted building or grounds
- Disorderly and disruptive conduct in a restricted building or grounds
- Disorderly conduct in a Capitol building
- Parading, demonstrating or picketing in a Capitol building
The obstruction count is a felony that could carry a recommended sentence of years in prison for each man. Kevin was scheduled to be sentenced on Sept. 16 at 2 p.m. His son, Hunter, was scheduled for sentencing on Sept. 23 at the same time.
On counts two through five, all misdemeanors, McFadden said he found prosecutors had easily made their case.
“Although defendants did not explicitly admit their guilt, they made no real effort to refute the government’s evidence, which I found overwhelming,” McFadden said.
McFadden spent more time explaining his reasoning on the felony obstruction count, which required prosecutors to prove not just that the Seefrieds had obstructed the joint session of Congress, but also that they did so knowingly and corruptly. McFadden said he was persuaded by the fact that the two men had climbed through a broken window to join a mob that wound up just feet away from where members of Congress were sheltered in place in the Senate chamber.
In Kevin’s case in particular, McFadden said he was struck by a threatening confrontation the older man had with U.S. Capitol Police Officer Eugene Goodman, who testified during the trial that Kevin told him, “Where are they counting the votes at?” and “You can shoot me, but we’re coming in.”
In Hunter’s case, McFadden said it was a closer call, saying he found the younger Seefried “not very politically attuned.” Nevertheless, by the time he’d joined the mob inside the building, McFadden said Hunter was “no longer just following his father.” McFadden said he also weighed in Hunter’s attempts to downplay his acts during an interview with law enforcement.
“Hunter Seefried showed a pattern of deception and minimization of his actions,” McFadden said.
McFadden did acquit Hunter of three additional counts against him related to a broken window, ruling that two other rioters had already shattered it before he took any action.
The Seefrieds are the seventh and eighth Jan. 6 defendants to be convicted at trial, and the third and fourth to be convicted at trial of obstructing the joint session of Congress. Two other defendants have elected for a bench trial – both in front of McFadden. One, “Cowboys for Trump” founder Couy Griffin, was convicted of one misdemeanor count of entering and remaining in a restricted area and acquitted of a second misdemeanor count of disorderly conduct. The other, federal contractor Matthew Martin, was acquitted of all four misdemeanor counts against him.
In total, more than 300 individuals have now pleaded guilty to or been convicted of crimes in connection with the Jan. 6 assault on the Capitol. Of those, more than 180 have been sentenced, including approximately 80 who have been sentenced to serve time behind bars.
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