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Two Iowans among January 6th rioters suing the federal government

CEDAR RAPIDS, Iowa (KCRG) - Two Iowans are among fourteen January 6th rioters who are suing the federal government and claiming a wide-ranging conspiracy connected to the attack on the U.S. Capitol.

Chad Heathcote, of Adel, and Kenneth Rader, of Sioux City, were convicted for crimes connected to their actions during the January 6th U.S. Capitol riot. Both were later pardoned by President Donald Trump.

The lawsuit claims Rader, Heathcote and the other “J6ers” are “patriotic American citizens” who believed “the Election had been rigged”. The lawsuit suggests police actions transformed the peaceful protests into “mayhem” by firing percussion grenades and tear gas.

“Ultimately, they used SG gas, and everything went from bad to worse, resulting in four deaths and other injuries to J6ers, while the Capitol Police and the Metropolitan Police suffered only a few minor injuries, such as one who had a broken finger,” the lawsuit claims. More than 140 law enforcement officers were injured during the attack, including 15 who were hospitalized.

The lawsuit claims the J6ers now filing the lawsuit were waived into the Capitol by police and acted peacefully for the most part. It blames “false news”, the Department of Justice under the Biden Administration and judges of working in conjunction to prosecute and “wrongfully” imprison J6ers.

The lawsuit claims malicious prosecution, abuse of process, negligence, emotional distress, vindictive prosecution and civil conspiracy. It seeks at least $1 million in damages for each defendant.

KENNETH RADER

Rader was charged with entering or remaining on restricted buildings, disorderly or disruptive conduct on restricted grounds, disorderly conduct in a Capitol Building and Parading, Demonstrating or Picketing in a Capitol Building. Prosecutors noted Rader appeared in surveillence video from the U.S. Capitol on January 6th entering through a broken door, walking around and speaking with others in the building before leaving through the same door three minutes later.

The lawsuit says Rader heard booms during the rally and only then moved toward the U.S. Capitol. It claims he was gassed and sprayed with pepper spray and mace and his eyes “burned until the end of the night”.

His own brother contacted the FBI two days after the riot about Rader’s involvement. He claims the FBI interviewed him in June 2021 and continued to surveil and intimidate him for months before arresting him in January 2022.

Rader claims he only pleaded guilty because he feared a “drawn-out case and harsher penalty if he went to trial. He was sentenced to 90 days in jail and a 3-year probation. He claimed the prison time he spent in Leavenworth, Kansas as one of the ”most serious harms" as he felt his life was in danger due to gang threats, drug issues and fights.

CHAD HEATHCOTE

Heathcote was charged with Entering with Intent to Impede or Disrupt an Official Proceeding in a Restricted Building and Disorderly or Disruptive Conduct in the Capitol Buildings or Grounds, Parade, Demonstrate, or Picket in any of the Capitol Buildings.

Prosecutors say video evidence shows Heathcote approaching police at a Capitol door and talking with them. Another rioter approaches and eventually opens a door and holds it open as Heathcote walked in with other rioters behind him. Inside, prosecutors say police stopped Heathcote and he pulled out a phone and appeared to begin filming the encounter.

According to the lawsuit, Heathcote says he was able to freely walk up to the Capitol Building where an officer told him it was ok to enter and he then followed another officer inside. He says a police line then formed in front of him and he became trapped between police and the incoming crowd. He claims he was knocked to the ground and trampled as police advanced to clear the area and hurt his elbow.

Heathcote also claims the FBI surveilled and harassed him as it investigated his involvement in the January 6th riot. He notes hardships from the government taking away his helicopter license, enhanced screenings at airports and an error that caused him to briefly lose his concealed-carry gun permit.

He was arrested in May of 2022. He says when he rejected an initial plea deal, prosecutors reacted angrily and threatened more serious criminal charges. He eventually accepted a plea deal because he wanted to avoid years in prison. Heathcote says he was denied an opportunity to present his version of what happened. He was sentenced to 15 weekend days in prison and 3 years’ probation but Heathcote claims restarting imprisonment each weekend was more punishing.