Oregon brothers accused of storming U.S. Capitol ordered held pending trial

Published 7:00 am Saturday, March 27, 2021

PORTLAND — Oregon brothers Matthew Leland Klein and Jonathanpeter Allen Klein, who are accused of storming the U.S. Capitol on Jan. 6, were ordered Friday, March 26, to be held in custody pending trial on six felony charges.

The two appeared separately from Portland before U.S. Magistrate Judge Zia M. Faruqui in the District of Columbia federal court via Zoom video conference.

Matthew Klein, 24, and Jonathanpeter Klein, 21, are expected to remain in custody in Portland at least until their next video-feed hearing on Thursday, April 1, before a federal district judge in Washington, D.C. That also will allow Matthew Klein to resolve pending gun possession charges in Multnomah County. The brothers are being held at the Multnomah County Detention Center.

The federal magistrate judge cited a ruling out March 26 from a panel of the U.S. Circuit Court of Appeals for the District of Columbia that stemmed from a challenge of detention by a 31-year-old Tennessee man and his 57-year-old mother from Georgia, who were charged in the Jan. 6 riot.

The appeals panel specifically wrote that in its view “those who actually assaulted police officers and broke through windows, doors, and barricades and those who aided, conspired with, planned or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way.”

In the cases against the Klein brothers, prosecutors allege they both wrenched open a door on the north side of the U.S. Capitol after having already entered and exited the building. They were held back by law enforcement officers.

“The exact example of what the court gave is what the defendant has done,” Faruqui said during Jonathanpeter Klein’s hearing.

Government evidence that Jonathanpeter Klein coordinated the trip to Washington, D.C., with his brother, was excited about it and proclaimed his allegiance to the Proud Boys, wore tactical gear and carried paintball guns and batons to prior rallies in Oregon, convinced the magistrate judge that pretrial detention was warranted.

“He is more than just a passive participant. He was actively involved,” Faruqui ruled during Jonathanpeter Klein’s hearing.

“This was an attack on the lawful democratic process and the foundation of our peaceful society as the transition of power is occurring,” the judge said.

Matthew Klein was arrested Tuesday, March 23, in Sherwood and Jonathanpeter Klein was arrested the same day near Heppner, according to the FBI.

The Kleins were among the first group to breach the Capitol about 2:16 p.m. on Jan. 6, after Matthew Klein helped others ascend a wall to gain access to a stairwell leading to the Capitol’s Upper West Terrace, according to prosecutors.

The two brothers are charged with conspiracy to defraud the United States, aiding and abetting in the obstruction of an official proceeding, obstruction of law enforcement during civil disorder, destruction of government property, entering and remaining in a restricted building or grounds and disorderly conduct in a restricted building or grounds.

Jonathanpeter Klein’s defense lawyer Michelle Sweet had urged her client’s release pending trial. She said he can continue to work at Ruggs Ranch in Heppner and the ranch owner John Flynn could serve as his third-party guardian.

The Klein brothers were living with their parents in South America until February 2020. Their parents lived as missionaries in Argentina and Chile. Jonathanpeter Klein and his brother were home schooled when they were younger, and Jonathanpeter started doing landscaping work at age 15 after a morning of home lessons, Sweet said. He also volunteered as a translator, she said.

The Klein family returned to Oregon on Feb. 24, 2020, and the brothers’ parents now live in Baker City. Baker County property records show that Nanci and Jeffrey Klein, the brothers’ parents, have property in Baker City and a P.O. Box in Pendleton.

Jonathanpeter Klein worked as a roofer during the day and for Domino’s Pizza at night before he decided in mid- to late January of this year to get out of the Portland area because of the politically and emotionally charged environment, Sweet said.

On Jan. 25 of this year, Jonathanpeter went to work at the Ruggs Ranch, where he was being trained to serve as a guide by the owner, who has “helped him kind of straighten his mind out,” Sweet said.

Firearms on the ranch would be locked up as of March 31, and the younger Klein would be working with cows, hay and irrigation if he were allowed to be released pending trial, his lawyer said. Nanci Klein, the brothers’ mother, wrote a letter to the court on her sons’ behalf and also offered to have them return to her home to live if the court preferred.

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