Editors Note: This story has been updated to reflect that the trial begins January 9. A previous version of this story contained incorrect information. We regret the error.


UPDATE: January 4, 2023 — A Gravette man is set to begin trial Monday, Jan. 9 for his actions during the Jan. 6, 2021 insurrection at the U.S. Capitol, according to his attorney.

Richard Barnett, 62, was recently indicted on an eighth charge for his participation in the riot.

Barnett is charged with: civil disorder, obstruction of an official proceeding; aiding and abetting; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; entering and remaining in certain rooms in the Capitol Building; disorderly conduct in a Capitol Building; parading, demonstrating, or picketing in a Capitol Building; theft of government property.


WASHINGTON (KNWA/KFTA) — A Gravette man charged for his actions during the January 6, 2021 insurrection at the U.S. Capitol cited the health of one of his attorney’s in a response to the government’s objection to a defense request for more time to make pretrial filings.

Richard Barnett, 61, has a trial date set for January 9, 2023, and the prosecution recently indicted him on an eighth charge for his participation in the riot. On December 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.

The Government’s superseding indictment fell within the heart of the December 2022 holiday season, with full knowledge that the defense’s lead counsel, Joseph D. McBride is currently being treated for Lyme Disease and was upstaffing to ensure compliance with the Court’s timetable. The new charge in this superseding indictment significantly disrupts and complicates the defense’s ability to prepare for trial.

Barnett reply to government response, December 27

The reply continued by adding that McBride brought on an additional attorney in September, knowing that the trial date was approaching. It also noted that the defense asked for a continuance until February or March of 2023 due to McBride’s health issues.

McBride said that he canceled a December 9 medical procedure and other appointments and treatments “against the orders of his medical team” to be trial-ready. The filing also said that second chair on the defense team, attorney Steven Metcalf, was sent out to trial on another case on December 19.

In a separate filing on December 27, Metcalf submitted a motion to withdraw as counsel, noting that his other trial, which resumes on January 3, 2023, is expected to last at least six to seven weeks, conflicting with Barnett’s scheduled trial start date. He added that McBride had asked him to stay on until replacement counsel was added to the defense team.

In McBride’s December 27 reply, the defense again cited the “voluminous” amount of discovery and the “massive files” involved in preparing for trial. It updated its request for an extension to file copies of evidence and jury pool instructions to December 30.

Also on December 27, the prosecution filed its proposed jury instructions and verdict forms.

Barnett is charged with: civil disorder, obstruction of an official proceeding; aiding and abetting; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; entering and remaining in certain rooms in the Capitol Building; disorderly conduct in a Capitol Building; parading, demonstrating, or picketing in a Capitol Building; theft of government property.

He has pleaded not guilty to all charges.