Clinton County ‘Capitol breacher’ faces non-jury trial

A Lock Haven man charged with breaching the U.S. Capitol in Washington, D.C. on Jan. 6, 2021, will have a non-jury trial on Nov. 9.

Brian Gunderson, 28, is scheduled for a court proceeding after the date was set this week by U.S. District of Columbia Senior Judge Thomas F. Hogan, who denied motions by Gunderson to dismiss three of the counts against him, according to PennLive.

The government accuses Gunderson of intending to interfere with the certification Electoral College vote when he entered the Capitol twice that day.

Gunderson contended the Electoral College vote is a ceremonial not an official proceeding and the definition of the word "corruptly" in the law is constitutionally vague.

He is accused of attacking a police officer who was attempting to clear rioters from the building's Northwest Courtyard.

However, he claimed he is charged under the wrong section of the law in relation to the conduct and physical violence counts, PennLive reported.

The government made a plea offer in August 2021. He also is charged with assault, resisting or impeding officers, entering and remaining in a restricted building and demonstrating in a Capitol building, PennLive stated.

Prosecutors opposed the dismissal of the charges citing Gunderson's social media posts and included pictures of him inside the building.

It includes a statement of his presence as "we all stormed the (Capitol) and tried to take over the government."

He is free on personal recognizance but prohibited from entering the District of Columbia except for court-related reasons.