WASHINGTON — A federal judge on Monday warned an Oath Keeper defending himself against charges connected to the Jan. 6 attack on the U.S. Capitol to show up for his trial next month – or face the consequences.
James Beeks, 49, of Orlando, Florida, is one of nearly two dozen members of the Oath Keepers militia accused of conspiring to block the certification of Electoral College votes on Jan. 6, 2021. In charging documents, federal prosecutors say he can be seen entering the Capitol through the Columbus Doors on the building’s east side as part of a group led by Florida Oath Keepers leader Kelly Meggs. Beeks, who was arrested in November 2021 while playing the role of Judas in an off-Broadway production of “Jesus Christ Superstar,” faces seven counts, including two felony counts of conspiracy.
Beeks and another defendant, Donovan Crowl, of Ohio, were scheduled to begin a jury trial on July 10 in D.C. District Court before U.S. District Judge Amit P. Mehta, who has presided over the previous three Oath Keepers trials so far. A third defendant, former Oath Keepers general counsel Kellye SoRelle, was deemed unfit to stand trial earlier this month and ordered returned to competency.
A hearing to hammer out the final details ahead of next month’s trial was scheduled for Monday, however Beeks failed to show – prompting Mehta to warn him in an ordered filed to the court docket that there would be consequences if he also missed his trial.
“During the conference, the court suggested that Defendant could be tried in absentia should he fail to appear for the start of trial,” Mehta wrote. “He cannot be so tried… Defendant’s actual, in-person appearance in court is therefore required to start the trial against him.”
“If Defendant is not present for the start of trial, the court may take steps to compel his appearance,” Mehta added.
In addition to missing Monday’s pretrial conference, Beeks did not appear for two recent court hearings regarding SoRelle’s competency. Although the performer, who also goes by the names James Delisco and James Justis, has filed a number of unusual motions in the case containing elements commonly used by members of the anti-government sovereign citizen movement – including multiple documents signed with a thumbprint in red ink and/or blood – he has denied any affiliation with the ideology.
“He says he’s not a sovereign citizen,” attorney Greg Hunter, who was assigned to assist Beeks as standby counsel, told Mehta at a hearing earlier this month. “He really bristles at that term.”
Despite Beeks’ absence Monday, Hunter, who was assigned to assist Beeks in March, told Mehta he believed Beeks intended to appear next month for trial. Neither Beeks nor Hunter responded to requests for comment Wednesday.
Although they face some of the most serious charges filed in any Jan. 6 case, no defendant charged to date in connection with the Oath Keepers prosecution has failed to appear for his or her trial. Other Jan. 6 defendants have, however. In March, U.S. District Judge Carl Nichols issued bench warrants for the arrest of Olivia Pollock and Joseph Hutchinson after they failed to appear for a multi-defendant trial. Judges have issued warrants for the arrest of defendants who’ve missed pretrial hearings as well.
In June 2022, Michael Gareth Adams, of Virgina, was declared a fugitive after failing to appear for multiple hearings. Adams eventually turned himself in to authorities more than a year-and-a-half later and pleaded guilty in May to a petty misdemeanor count of parading.
Another defendant, Darrell Neely, of D.C., had his pretrial release rescinded in October after prosecutors accused him of absconding with $200,000 from a property sale. He was convicted of five misdemeanor counts at trial in May but acquitted of a felony count of civil disorder.
Although neither defendant faced additional charges, under federal law failure to appear for a court hearing can result in a separate offense that increases in severity based on other charges defendants face. For Jan. 6 defendants charged with obstruction of an official proceeding – a felony charge carrying a maximum sentence of up to 20 years in prison – the penalty for failure to appear can be as much as 10 years in prison.
According to court records, Beeks wasn’t the only Jan. 6 defendant to fail to appear for a hearing Monday. Marc Anthony Bru, of Vancouver, Washington, also didn’t show for a pretrial conference before Chief Judge James E. Boasberg. Bru, who faces felony charges of obstruction of an official proceeding and civil disorder, is scheduled to begin a bench trial on July 17.