The Department of Justice is dismissing a case against a New York man charged in connection with the Jan. 6 protest at the US Capitol.
Christopher Kelly of New York had been charged via an anonymous tipster of his photos posted on Facebook at the Capitol, the FBI claimed.
“The government and defense counsel have discussed the merits of the case, and upon reflection of the facts currently known to the government, the government believes that dismissal without prejudice at this time serves the interests of justice,” prosecutors wrote in a motion filed on Tuesday.
More than 400 people have been charged in connection to the deadly protest by supporters of former President Donald Trump, who were trying to prevent Congress from certifying now-President Joe Biden's electoral college victory.
“The defendant was arrested on a Complaint in this matter on January 20, 2021, and he had his initial appearance before this Court on February 9, 2021. The matter has been continued several times and the next date is June 2, 2021 for preliminary hearing and status conference,” read the filing in connection to Kelly’s case.
Trump has also been blamed for inciting his own supporters, including members of Proud Boys, to storm the US Capitol building after refusing to concede defeat at the 2020 presidential election.
Trump was impeached by the US House of Representatives a historic second time for the instigation of the attack.
The protest resulted in the death of at least five people, including a police officer who was guarding the Congress building.