DA Wants Bail Revoked of Man Who Had Weapons During Election Vote Count

The Philadelphia District Attorney’s Office filed a motion to revoke the bail of a Virginia man who officials say was armed with weapons outside the Pennsylvania Convention Center while votes in the 2020 presidential election were being counted. 

On November 5, 2020, Joshua Macias and Antonio LaMotta were arrested by Philadelphia police after an FBI alert was issued about them regarding a possible attempt to interfere with the counting of votes. 

Both Virginia residents were charged with weapons violations for guns they were carrying as they walked to the convention center in the early morning hours of Nov. 5. Prosecutors allege that they traveled to the city in a Hummer adorned with a QAnon sticker and packed with an AR-15-style rifle, ammunition and other weapons, including a samurai sword. 

Weapons counts against Macias were later dropped because he is licensed to carry a gun in Virginia. Prosecutors also later added election fraud charges, and both defendants were later charged with interfering with an election, conspiracy and hindering performance of duty.

Last year, both men were sent back to jail after their bail was increased due to their participation in the Jan. 6, 2021 rally near the U.S. Capitol that turned deadly. 

During a hearing on Jan. 22, 2021, no evidence was presented that Macias and LaMotta were among the thousands of Trump supporters who entered the Capitol building and ransacked offices during a riot that later turned deadly. However, prosecutors presented video evidence that the two men were on the Capitol grounds and argued they violated their previous bail conditions.

Common Pleas Court Judge Crystal Bryant-Powell increased the $750,000 bail previously set for both men, adding $100,000 to Macias and $15,000 to LaMotta. Macias was briefly jailed before posting 10% of the bail amount to secure his release. 

The court also set additional conditions on Macias, including instructions not to post on social media or attend any further rallies. The District Attorney’s Office alleged Macias ignored these orders however and continued to post on social media while participating in events with political extremists, including a person who publicly called for the execution of everyone involved in President Joe Biden’s election. 

The District Attorney’s office also accused Macias of using social media platforms to organize an “American trucker protest” modeled after recent trucker gatherings in Canada in protest of COVID-19 mandates. 

“This defendant has both demonstrated his disregard for criminal law and for the sacred principles undergirding our democracy,” District Attorney Larry Krasner said. “As my office prepares to try Joshua Macias for his attempt to interfere, perhaps violently, in the counting of votes in the 2020 presidential election, we must have a reasonable expectation that he will actually show up for his upcoming trial in Philadelphia."

A hearing on the Commonwealth’s motion to revoke Macias’ bail is scheduled to take place on Wednesday, March 23. 

“Macias’ flagrant disregard for the very minimal and reasonable conditions placed on him by the court for release pre-trial indicates that he is both a flight risk and an ongoing threat to peaceful and fair democratic elections,” Krasner said. “We respectfully ask the court to revoke his bail as soon as possible.”