Jan. 6 Defendant Fired Shots Before Planned Surrender to FBI: Officials

Protesters gather on the west front of the U.S. Capitol on Jan. 6, 2021. Brent Stirton/Getty Images

A Texas man accused of taking part in the Jan. 6, 2021 breach of the U.S. Capitol has been charged with a federal firearm crime after allegedly firing shots during a welfare check days before he was scheduled to appear in court, according to officials.

Nathan Donald Pelham, 40, of Greenville, Texas, was charged via criminal complaint on April 12 by the U.S. Attorney’s Office for the Northern District of Texas with being a felon in possession of a firearm, according to a news release.

A day prior, Pelham was charged (pdf) by the U.S. Attorney’s Office for the District of Columbia with four misdemeanor counts stemming from his alleged participation in the Jan. 6 breach, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol Building or grounds and parading, demonstrating, or picketing in a Capitol Building.

According to prosecutors, Pelham was told by an FBI agent on April 12 that he had been charged by federal prosecutors in Washington, D.C., and must surrender himself the following Monday, April 17, to which he agreed.

“That evening, the Hunt County Sheriff’s Office initiated a welfare check at Mr. Pelham’s residence in response to a call from a relative, who advised deputies that Mr. Pelham had a gun,” prosecutors said.

Separate court documents (pdf) state that Pelham’s father called law enforcement warning that his son had a gun and was threatening to take his own life.

“When they arrived, the house was dark. Deputies activated their emergency lights, and Mr. Pelham’s minor daughter exited the home. For her safety, she was placed into a HCSO patrol car. Shortly thereafter, deputies [said] they heard gunshots emanating from the residence and took cover,” according to a DOJ press release.

Protesters gather at the police line on the west side of the U.S. Capitol on Jan. 6, 2021. Special to The Epoch Times

Police Search Pelham’s Home

“About an hour later, at approximately 9:38 p.m., Mr. Pelham—a previously convicted felon—walked onto the porch and allegedly fired towards several deputies, who could be heard on body-worn camera video noting bullets ‘whiz’ by them. A deputy instructed Mr. Pelham to put his gun down, but he continued to wave it until re-entering his home,” they continued. “At 10:46 p.m., Mr. Pelham again exited the residence and fired multiple rounds.”

The separate court documents note that Pelham vacated his residence “a few times” to talk with law enforcement before going back inside.

Law enforcement officials departed the residence at 12:21 a.m. without making an arrest and did not sustain any injuries, according to prosecutors.

Days later on April 14, police conducted a search of Pelham’s home and discovered a 9mm pistol and four boxes of ammunition, as well as several 9mm sized holes in the walls, officials said. According to investigators, the pistol was not manufactured in the State of Texas and has traveled in or affected interstate or foreign commerce.

Police say Pelham had a criminal history and was convicted of a state jail felony for Evading Arrest/Detention with Vehicle for an offense that occurred in September 2003 in Collin County, Texas.

In December of that same year, Pelham was sentenced to five years probation and in October 2004, he was charged with probation revocation and was sentenced to two years confinement in state jail.

Pelham appeared before U.S. Magistrate Judge Toliver on April 19.

Henry "Enrique" Tarrio, leader of The Proud Boys, attends a protest showing support for Cubans demonstrating against their government, in Miami, Florida on July 16, 2021. Eva Marie Uzcategui/AFP via Getty Images

Pelham Denies Entering Capitol Building

If convicted, he faces up to 15 years behind bars on the felony gun charge and three years on the misdemeanor charges. He is currently detained pending trial in both cases.

According to a statement of facts (pdf) accompanying the charges, Pelham attempted to leave the United States for Canada on March 17, 2021, but was denied entry by the Canadian authorities.

He was subsequently detained by U.S. Customs and Border Protection who conducted a search of his mobile phone and found photos and video of Pelham near a door to the U.S. Capitol on Jan 6.

In at least one of the photographs, Pelham could be seen “wearing a hat with a logo associated with the ‘Proud Boys,’” officials said, adding that he had confirmed to law enforcement officials that he was present at the Jan. 6 breach of the Capitol.

However, he told law enforcement officers that he had gone up the steps on the North (Senate Chamber) side within approximately three feet of the Capitol building and “never saw, touched or went around a barricade of any type while approaching the Capitol.”

Pelham further stated that there was a heavy police presence “all around and in the crowd” but that he was “never told or heard that he was entering a restricted area.”

“Once he arrived Pelham found people were on the steps of the Capitol building and he walked up the steps. Pelham stated that when he got to the top of the steps he was about two feet from the Capitol Building but never physically touched or entered the building,” court documents state, adding that Pelham told officers he had used his phone to take photos and videos.

Pelham also denied any affiliation with the Proud Boys, and stated that he purchased the Proud Boys hat because “he liked the logo associated with it.”

The Epoch Times has contacted Pelham’s attorney for comment.