WASHINGTON (KNWA/KFTA) — A Gravette, Arkansas, man charged for his actions during the Jan. 6, 2021 insurrection at the U.S. Capitol has asked for more time to prepare for his upcoming trial, and the prosecution responded by deeming that request “unwarranted.”

Richard Barnett, 61, has a trial date set for Jan. 9, 2023, and the prosecution recently indicted him on an eighth charge for his participation in the riot. On Dec. 22, the defense filed a motion asking for an extension in a pair of pretrial procedural matters: filing a proposed jury form and instructions and submitting a list of potential expert witnesses.

That filing referred to the additional eighth indictment against Barnett as an “eleventh hour surprise” and stated that the additional time is necessary to prepare for trial. The government submitted an 11-page response brief to the court on Dec. 27.

“The defendant’s failure to comply with the Court’s deadlines is unwarranted, and with
one exception described below pertaining to the expert disclosure deadline, the
government opposed the defendant’s request for additional time,” the response stated.

The one exception referred to the defense’s potential to introduce an expert witness specifically related to the recently-filed civil disorder charge, which the government did not take issue with.

“As previously relayed to the defense, the United States does not oppose extending that deadline, but notes that the defendant’s proposed new deadline of January 3 is only six days before trial and would leave the United States no time to consider or identify potential rebuttal experts,” the filing noted.

The government stated that it would not oppose “a somewhat smaller extension” until Dec. 29, adding that doing so still only leaves the prosecution with five business days before the scheduled start of the trial to respond to any such notice.

Barnett is charged with the following:

  1. Obstruction of an official proceeding
  2. Aiding and abetting
  3. Entering and remaining in a restricted building or grounds with a deadly or dangerous weapon
  4. Disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon
  5. Entering and remaining in certain rooms in the Capitol Building
  6. Disorderly conduct in a Capitol Building
  7. Parading, demonstrating, or picketing in a Capitol Building
  8. Theft of government property

He has pleaded not guilty to all charges.