Case 1:24-cr-00077-CRC Document 1 Filed 09/29/23 Page 1 of 1

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
District of &ROXPELD

United States of America )

v. )
) Case No.
John Anthony Schubert III )
DOB: XXXXXX )
)
)
Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of January 6, 2021 in the county of in the
LQWKH'LVWULFWRI &ROXPELD , the defendant(s) violated:

Code Section Offense Description

18 U.S.C. § 1752(a)(1) - Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority,
18 U.S.C. § 1752(a)(2) - Disorderly and Disruptive Conduct in a Restricted Building or Grounds,
18 U.S.C. § 1752(a)(4) - Engaging in Physical Violence in a Restricted Building or Grounds,
40 U.S.C. § 5104(e)(2)(D) - Disorderly Conduct in a Capitol Building,
40 U.S.C. § 5104(e)(2)(F) - Act of Physical Violence in the Capitol Grounds or Buildings,
40 U.S.C. § 5104(e)(2)(G) - Parading, Demonstrating, or Picketing in any of the Capitol Buildings,
18 U.S.C. § 111(a)(1) – Assaulting, Resisting, or Impeding Certain Officers,
18 U.S.C. § 231(a)(3) – Civil Disorder.

This criminal complaint is based on these facts:

6HHDWWDFKHGVWDWHPHQWRIIDFWV

9
u Continued on the attached sheet.

Complainant’s signature

Richard Volp, Special Agent

Printed name and title
$WWHVWHGWRE\WKHDSSOLFDQWLQDFFRUGDQFHZLWKWKHUHTXLUHPHQWVRI)HG5&ULP3
E\WHOHSKRQH
Date: 2023.09.29
13:42:01 -04'00'
Date: 09/29/2023
Judge’s signature

City and state: :DVKLQJWRQ'& Moxila A. Upadhyaya, U.S. Magistrate Judge

Printed name and title
Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 1 of 13
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 2 of 13

violations of local and federal law, including scores of individuals inside the U.S. Capitol building
without authority to be there.

Investigation of Amy Schubert and John Schubert Jr. Leads to Identifying John Schubert, III

In June, 2021, Amy Schubert (“Amy”) and John Schubert, Jr. (“John”) were each charged
by complaint with four crimes based upon their unlawful entry into the United States Capitol on
January 6, 2021. United States v. Amy Schubert, 21-cr-00588-ABJ; United States v. John
Schubert, 21-cr-00587-ABJ. On December 3, 2021, Amy and John each pled guilty to Parading,
Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(G).

During the course of the FBI’s investigation of Amy and John, agents identified both Amy
and John in video footage, including USCP closed-circuit video (“CCV”) footage, Metropolitan
Police Department (“MPD”) Body Work Camera (“BWC”) footage, and other video taken by other
rioters, that had been taken inside of the U.S. Capitol. In that footage, Amy was wearing a dark-
colored jacket with white sleeves and logo on the back for “Plumbers & Pipefitters Local Union
422 Joliet IL,” as depicted below :

Images 1 (left) and 2 (right): screen shots from YouTube video showiing Amy Schubert
wearing jacket with Plumbers & Pipefitters Local Union 422 Joliet IL logo
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 3 of 13

Agents obtained a search warrant for a Google account used by Amy. That account
contained various images taken on January 6, 2021, including the images below:

Images 5 (left) and 6 (right): Images received in response to

Google search warrant for records associated with aschu.XXXX@gmail.com

Images 7 (left) and 8 (right): Images received in response to

Google search warrant for records associated with aschu.XXXX@gmail.com
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 4 of 13

Agents identified the man with the gray hair and a white goatee and wearing a gray jacket (depicted
in Image 6 above) as John.

Identification of John Anthony Schubert III

The FBI interviewed John following his arrest on July 26, 2021. During the interview,
John said that he and Amy met up with his son in D.C., and that his son was present with them at
the Capitol. He identified his son as living in Bradenton, 1 but did not identify his son by name.
He stated that he has one son, one daughter, and an adopted son from a previous marriage that he
has not seen in 20 years.

A review of footage from the Capitol security cameras and open-source images and videos
shows that a man in a red visor and black t-shirt accompanied Amy and John throughout the
Capitol on January 6, 2021. For example, CCV footage shows them with a man in a red visor and
black shirt in Statuary Hall and in the Rotunda:

Images 9 (left) and 10 (right): Screenshots from CCV footage inside

Statuary Hall (Image 9) and the Rotunda (Image 10) on January 6, 2021 inside the U.S. Capitol

The red visor and black t-shirt worn by the individual in images 9 and 10 are consistent
with those seen worn by a man in images recovered from Amy Schubert’s google account in
images 5, 7, and 8, above.

1
Bradenton is a city in Florida located approximately 45 miles south of Tampa.
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 5 of 13

During the course of the investigation, I reviewed body camera footage. In one video, the
same man in a black t-shirt and red visor pats a man in a grey jacket on the back and says “I got
my parents.” The grey jacket is consistent with the jacket wore when he unlawfully entered the
Capitol on January 6, 2021. A screenshot from that video is below:

Image 11: Screenshot from body camera footage inside the Capitol on January 6, 2021

Agents obtained a warrant to search Amy’s cellphone. A review of the device showed that
on January 6, 2021, at approximately 4:46 p.m., Amy the following message:

Johnny got clubbed and maced and john and I got maced in our mouths. A woman
was shot 20 feet in front of use [sic]. We’re ok. Got a little confrontation w/ Antifa.

I reviewed a copy of John Anthony Schubert, III’s (“Schubert”) birth certificate which
shows that his parents are Amy Schubert and John Schubert, Jr. I also reviewed Schubert’s Florida
Driver License records, including Schubert’s driver license photograph. The records indicate that
in 2021, Schubert resided at a specific address in Bradenton, Florida.

On July 26, 2021, I met with Schubert at his home—the address in Bradenton, Florida,
identified in Schubert’s Florida Driver License records—in an attempt to interview him. Schubert
declined to provide information about his activities on January 6, 2021.

Based upon my personal interaction with Schubert on July 26, 2021, my review of
Schubert’s Florida driver license photograph, the information obtained from Amy’s google
account, and the information provided by John (including that his son accompanyied them in the
Capitol and that his son lives in Bradenton), and the birth certificate, I have identified the individual
wearing the red visor and black t-shirt, depicted in Images 5, 7, 8, 9, 10, and 11, above, as Schubert.

Schubert’s Conduct on January 6, 2021

By reviewing CCV from the Capitol, the FBI was able to identify an individual that appears
to be Schubert at various locations inside the Capitol. Based upon the CCV footage, it appears
that Schubert entered the Capitol at approximately 2:21 pm through a broken window next to the
Senate Wing doors:
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 6 of 13

Image 12: Schubert (circled in red) climbing into the Capitol through a broken window

Once inside, Schubert turned to help his parents enter the Capitol through the same broken window
at approximately 2:22 p.m.:

Image 13: Schubert (circled in red) assisting his parents, Amy Schubert
and John Schubert, Jr., climb through a broken window into the Capitol

Additional CCV video shows Schubert at various locations throught the Capitol, including walking
around the Rotunda and through Statuary Hall. Schubert traveled to the East Stairs and ascended
a stairway on the east side of the Capitol building, and arrived at the Upper House Door area at
approximately 2:43 p.m.
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 7 of 13

Image 14: Schubert (circled in red) in the Upper House Door area

He remained in that area for approximately ten minutes, and eventually exited the building through
the East Front House door at approximately 2:56 p.m.

A subsequent review of open-source video from January 6th revealed that, for part of the
day, Schubert wore a blue long-sheeve shirt bearing the words “Wrigley Field”:

Image 15: Screenshot from a video showing Schubert (circled in red) near his father (circled in yellow)

Open-source video also showed that Schubert was part of the initial breach of police
barricades at approximately 12:53 p.m. at Peace Circle, located at Pennsylvania Avenue NW and
First Street NW. Specifically, Schubert pushed the police barriers and appeared to be encouraging
other rioters to breach the police barricades:
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 8 of 13

Image 15: Photograph showing Schubert (circled in red) pushing a barrier at Peace Circle

Images 16 (left) and 17 (right): Screenshots from an open source video showing
Schubert (circled in red) after breaching the police barriers

Another open-source image shows a different angle of Schubert after breaching the police line at
Peace Circle:

Image 18: Photograph showing Schubert (circled in red) after breaching the police barrier at Peace Circle
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 9 of 13

From Peace Circle, Schubert continued towards the Capitol and confronted police officers near the
stage that was being erected for the inauguration:

Image 19: Photograph showing Schubert (circled in red) on Capitol Grounds

Image 20: Photograph showing Schubert (circled in red) on Capitol Grounds

 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 10 of 13

Schubert approached the officers and pushed on at least one law enforcement officer:

Image 21: Screenshot from video showing Schubert (circled in red) approaching law enforcement officers

Image 22: Screenshot from video showing Schubert (circled in red)

pushing a law enforcement officer with his left arm (circled in yellow)
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 11 of 13

At one point, Schubert threw a punch at a law enforcement officer:

Image 23: Screenshot from video showing Schubert (circled in red)

attempting to punch a law enforcement officer with his left arm (circled in yellow)

In the video, Schubert appears to be sprayed in the face with a chemical irritant. He then turned
and walked away from officers, consistent with image 20, above:

Image 24: Screenshot from video showing Schubert (circled in red)

 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 12 of 13

Based on the foregoing, your affiant submits that there is probable cause to believe that
John Anthony Schubert, III violated 18 U.S.C. § 1752(a)(1) (2) and (4), which makes it a crime to
(1) knowingly enter or remain in any restricted building or grounds without lawful authority to do;
and (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government
business or official functions, engage in disorderly or disruptive conduct in, or within such
proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or
disrupts the orderly conduct of Government business or official functions; (4) knowingly engage
in any act of physical violence against any person or property in any restricted building or grounds;
or attempts or conspires to do so. For purposes of Section 1752 of Title 18, a “restricted building”
includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the
President or other person protected by the Secret Service, including the Vice President, is or will
be temporarily visiting; or any building or grounds so restricted in conjunction with an event
designated as a special event of national significance.

Your affiant submits there is also probable cause to believe that John Anthony Schubert,
III violated 40 U.S.C. § 5104(e)(2)(D), (F), and (G), which makes it a crime to willfully and
knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive
conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede,
disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the
orderly conduct in that building of a hearing before, or any deliberations of, a committee of
Congress or either House of Congress; (F) engage in an act of physical violence in the Grounds or
any of the Capitol Buildings; and (G) parade, demonstrate, or picket in any of the Capitol
Buildings.

I also submit that there is probable cause to believe that John Anthony Schubert, III violated
18 U.S.C. § 111(a)(1), which makes it a crime to forcibly assault, resist, oppose, impede,
intimidate, or interfere with a designated person while that person is engaged in the performance
of official duties, or on account of that person’s performance of official duties. For the purposes
of Section 111 of Title 18, a designated person includes officers or employees of the United States
or of any agency in any branch of the United States Government. This includes officers of the U.S.
Capitol Police, and also includes members of the Metropolitan Police Department when, as in the
events described above, such officers were assisting a federal officer or employee in the
performance of the federal officer’s duties.

Finally, your affiant submits there is probable cause to believe that John Anthony Schubert,
III violated 18 U.S.C. 231(a)(3), which makes it unlawful to commit or attempt to commit any act
to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in
the lawful performance of his official duties incident to and during the commission of a civil
disorder which in any way or degree obstructs, delays, or adversely affects commerce or the
movement of any article or commodity in commerce or the conduct or performance of any
federally protected function. For purposes of Section 231 of Title 18, a federally protected function
means any function, operation, or action carried out, under the laws of the United States, by any
department, agency, or instrumentality of the United States or by an officer or employee thereof.
This includes the Secret Service’s protection of the Vice President and his family and the Capitol
Police’s protection of the U.S. Capitol.
 Case 1:24-cr-00077-CRC Document 1-1 Filed 09/29/23 Page 13 of 13

Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by
telephone, this 29th day of September 2023.
Date: 2023.09.29
13:33:09 -04'00'
___________________________________
Moxila A. Upadhyaya
U.S. MAGISTRATE JUDGE