The judge, however, executed Virginia residents Antonio LaMotta and Joshua Macias on charges of interfering in the election Thursday morning.
The judge dismissed gun charges against Macias because he had a license to transport in his home state of Virginia.
LaMotta will be tried for carrying an unlicensed rifle.
The men did not comment when they entered the criminal justice center.
The Commonwealth tried to withdraw bail because of their presence at the Capitol during the riot, but a judge denied the motion.
SEE ALSO: Gunmen arrested near Pennsylvania Convention Center identified
Macias defender William Brennan says his client has never trespassed on the capital.
“If the government shows me evidence that our client was in the building, I will withdraw as an attorney,” Brennan said.
LaMotta’s lawyer did not comment.
The two defendants were arrested in November after a law enforcement bulletin warned police to search for a Hummer coming to Philadelphia with people wanting to interfere with the votes in the Pennsylvania Convention Center.
Both were armed with handguns, and an assault rifle was found in the Hummer, a few steps from the conference center.
A video on social media recorded by Macias just before his arrest was played in court. In the video, the Trump supporter called on veterans, law enforcers and others not to give up, get involved and make sure every vote is counted.
But the Commonwealth never provided evidence of the intent to commit bloodshed or violence.
“It would have been a very different matter if there was evidence of the planned mass shooting,” Asst said. District Attorney Andrew Wellbrock.
The judge ordered both men to refrain from such activities at the Capitol, otherwise he would keep their contempt of court.
Both are expected in court later this month.
Macias and LaMotta are not the only ones from our area who, according to authorities, are involved in the Capitol riot.
Thomas Baranyi of Ewing, New Jersey, was arrested Tuesday, nearly one week after making international headlines for what he saw.
Baranyi admitted in a TV interview that he was with a group of rioters who stormed the Capitol.
“Riot police came in and started ushering them in with their sticks,” he said.
He told reporters he was actually next to fellow rioters, Air Force veteran Ashli Babbitt when she was shot dead in the building by Capitol police.
“We stormed into the rooms and there was a young lady rushing through the windows.” A number of police and secret services said ‘come back, get off and get out of the way’. “She did not heed the call and when we rushed to grab people and pull back, they shot her in the neck,” Baranyi said.
Federal authorities used the TV interview as evidence in court. Baranyi is 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 outcome of the election and described how he was violating the Capitol.
“We tore through the scaffolding, threw flash bags and tear gas and penetrated all the chambers. We were just trying to get into Congress or whoever we could and tell them we needed some kind of investigation into this,” said Baranyi. said.
Seven SEPTA officers are being investigated in Philadelphia after attending the demonstration for President Donald Trump that preceded the deadly riot, Action News has learned.
Thomas J. Nestel III, chief of police in transit police, confirmed that the investigation is to determine whether the officers acted criminally or violated departmental policies, and not whether they attended the protest.
“This is their first right of amendment. They can do it if they prefer, but what we are concerned about is whether they were involved in the criminal activity,” Nestel said.
The Philadelphia Police Department of the Interior is investigating whether a detective played any role in the riot.
Action News learned earlier this week that one detective was believed to have attended the rally in support of President Trump who preceded the uprising.
Philadelphia police issued a statement saying, “We are aware of social media reports claiming that a Philadelphia police detective may have attended the events in Washington, DC on January 6.” An IAB investigation was opened to determine if any PPD policies had been violated by the detective, and if they had participated in any illegal activities while attending. The detective’s order was changed pending the outcome of the investigation. “
Philadelphia police continue to monitor the potential threats to this area ahead of the presidential inauguration.
They are expected to give more details on Thursday afternoon about their security efforts and say they are prepared to gather additional information if necessary.
Copyright © 2021 WPVI-TV. All rights reserved.