However, the judge held Virginia residents Antonio LaMotta and Joshua Macias to trial with charges of election interference Thursday morning.
The judge dismissed charges against Macias as he had a license to carry in his home state of Virginia.
LaMotta will go to court for carrying an unlicensed gun.
The men had no comment when they entered the Criminal Justice Center.
The Commonwealth tried to revoke bail because of their presence on the Capitol during last week̵
SEE ALSO: Armed men arrested near Pennsylvania Convention Center identified
Macias’ lawyer, William Brennan, says his client has never violated the capital.
“If the government shows me any evidence that our client was inside the building, I will retire as a lawyer,” Brennan said.
LaMotta’s lawyer had no comment.
The two defendants were arrested in November after a law enforcement bulletin warned police to look for a Hummer who came to Philadelphia with people intending to interfere in the number of votes at the Pennsylvania Convention Center.
Both were armed with handguns, and a assault rifle was found in Hummer just steps from the convention center.
A video on social media recorded by Macias just before his arrest was played in court. In the video, the Trump supporter urged veterans, law enforcement and others not to give up, get involved and make sure every vote counts.
But the Commonwealth never provided any evidence of intent to shed blood or violence.
“It would have been a completely different matter if there was evidence of planned mass shooting,” Asst said. District Attorney Andrew Wellbrock.
The judge ordered both men to refrain from any such activity at the Capitol, otherwise he would hold them in contempt of court.
Both are expected back in court later this month.
Macias and LaMotta are not the only ones from our area who authorities say may be linked to the Capitol uprising.
Thomas Baranyi of Ewing, New Jersey, was arrested Tuesday nearly a week after making international headlines for what he witnessed.
Baranyi admitted in a television interview that he was with a group of rebels storming the Capitol.
“The rebel police came in and started leading us out with their sticks,” he said.
He told reporters he was actually next to another riot, Air Force veteran Ashli Babbitt when she was shot and killed by Capitol Police inside the building.
“We had stormed into the chambers inside and there was a young lady rushing through the windows. A number of police and secret services said ‘come back, come down and get out of the way. “She did not warn the call and when we ran up to grab people and pull them back, they shot her in the neck,” Baranyi said.
Federal authorities used the TV interview as evidence in court. Baranyi has been charged with disorderly conduct and violent entry into a restricted building. He was released on $ 100,000 bail.
When Baranyi left the chaotic scene last Wednesday, he told reporters he was not happy with the election result and described how he violated the Capitol.
“We tore through the scaffolding, threw flash bags and tear gas and flashed our way through all the chambers. Just trying to get into Congress or whoever we could get into and tell them we need some kind of investigation into this,” “Baranyi said.
Seven SEPTA officers are under investigation in Philadelphia after taking part in the demonstration for President Donald Trump, which preceded the deadly uprising, Action News has learned.
SEPTA Transit Police Chief Thomas J. Nestel III confirmed that the investigation should determine whether the officers involved in criminal conduct or violated departmental policies and not whether they participated in the protest.
“It’s their first right of change. They can do it if they choose, but what we’re worried about is whether they were involved in the criminal activity,” Nestel said.
The Philadelphia Police Department of Internal Affairs is investigating whether a detective played any role in the uprising.
Action News learned earlier this week that a detective was reportedly participating in the demonstration in support of President Trump, who preceded the uprising.
Philadelphia police released a statement saying, “We are aware of social media posts claiming that a Philadelphia Police Department detective may have been present at the events in Washington, DC on January 6. An IAB investigation “has been opened to determine if any PPD policies were violated by the detective and if they participated in illegal activities while present. The detective’s task has been changed pending the outcome of the investigation.”
Philadelphia police continue to monitor possible threats to this area before the president’s inauguration.
They are expected to provide more details Thursday afternoon about their security efforts and say they are ready to bring additional backups if needed.
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