Valley man charged in Capitol riot; others still under investigation

WASHINGTON — Following the arrest and arraignment of a Warren man for his alleged role in the deadly riot in the U.S. Capitol on Jan. 6, federal prosecutors aren't ready to say whether others from the Mahoning Valley could face similar charges.

The FBI on Monday morning arrested Stephen Ayres, 38, at his home in Warren. He's now charged with obstruction of justice/Congress, unlawful entry into restricted buildings or grounds and violent entry or disorderly conduct on Capitol grounds.

Ayres, whose social media activity up to and during the riot is now being used as evidence by prosecutors, waived preliminary hearings during his initial court appearance Monday afternoon. Ayres' case will be tried in the District of Columbia federal court.

Ayres is currently free on an unsecured $20,000 bond with special conditions: he won't be able to travel outside the local federal court's jurisdiction, except to Washington, D.C., for court hearings. His next virtual hearing is set for Feb. 8, according to the Northern District U.S. Attorney's office.

'What really happened'

According to a 17-page federal affidavit unsealed Monday, Ayres and two others appeared in a video posted to social media, giving their names and their accounts of the Capitol riot. That video was removed or otherwise made private days later, but remained on YouTube for investigators to find.

The video was recorded at their hotel at about 8 p.m. following the riot. They said they wanted to "share what really happened" at the Capitol. Another man who appeared in the video but is not named in the affidavit claimed "Antifa" was responsible for breaching the Capitol Building and that the media, police and D.C. Mayor Muriel Bowser coordinated a "staged Antifa setup."

The mob, incited by former President Donald Trump at a rally just hours before, intended to disrupt a 1 p.m. joint session of Congress to certify Joe Biden as the winner of the 2020 presidential election.

According to the affidavit, at about 2 p.m., some in the mob pushed through barricades, assaulted Capitol Police officers and forced entry into the Capitol Building by breaking windows. Congress members were evacuated until later that evening.

That unidentified man claimed in the video he and Ayres "walked right into the Capitol Building," and that police "basically let everyone walk in" and escorted them through the building. Later it appeared as if police "flipped a switch" and began dispersing the crowd.

"They just wanted that footage of people inside the Capitol Building to make it seem like all the Trump people bum-rushed the Capitol," the man said.

That unidentified man said the purpose of the Jan. 6 demonstration was to expose Vice President Mike Pence as a "traitor," presumably for Pence's decision not to intervene on Trump's behalf in the electoral vote certification process. Though the vice president lacks that authority, Trump's supporters were reportedly led to believe otherwise.

Daniel Ball, spokesperson for the Northern District U.S. Attorney's office, on Monday declined to say whether the two other unidentified people mentioned in the affidavit are from the Valley or whether they'll face charges, as "investigations from the incident remain ongoing."

Evidence abounds online

The D.C. federal court magistrate authorized a search warrant for Ayres' Facebook account on Jan. 19. Investigators found multiple posts and shared media from the Capitol riot in which Ayres appears or identifies himself. Those media were then referenced with surveillance footage in which Ayres appears inside the Capitol Building.

In a Dec. 26 Facebook post, Ayres called for "Civil War" should President Trump be "robbed" of the 2020 election. He later commented on the post that it was "time for us to start standing up to tyranny."

"History is happening as we speak! ... It's time for us partiers to stand up and act. Before it's too late!!"

Ayres on Dec. 28 shared a Tweet from former President Donald Trump urging supporters to attend his U.S. Capitol rally on Jan. 6. On Jan. 1, Ayres shared an article on vandalism at House Speaker Nancy Pelosi's residence, and wrote, "This is just the beginning! The governors, senators, representatives, etc. … Really don't have a clue what is coming!!"

One of Ayres' relatives positively identified the man after watching live video showing Ayres at the Capitol, which he posted to his Facebook page. FBI investigators learned Ayres used Facebook Live several times throughout the day — once at about 4 p.m. during the riot and several times earlier that morning.

"[The witness] stated that, in the streaming video, Ayres was acting 'like he was at war' and there was a lot of 'yelling and screaming going on.'

"Ayres stated that the incident at the Capitol was 'just the beginning' because there was 'more to come next week'," presumably referring to other demonstrations that never took place.

After verifying Ayres' identity and appearance, investigators were able to spot him in surveillance footage from inside the Capitol Building. Ayres is seen below wearing a black-and-white hat and red face mask and holding a cell phone. The unidentified man can be seen next to him, circled in green:

The FBI identified Stephen Ayres of Warren, seen here in surveillance footage, as one of the rioters who breached the U.S. Capitol Building during a deadly riot on Jan. 6, 2021.

In the footage, Ayres and the other man appear to find each other in the crowd and begin moving together. The other man can be seen pushing through "makeshift barricades" and a "wall of U.S. Capitol Police officers" to get into the building, reads the affidavit. As the man and others filed into the building, Ayres followed.

Ayres' relative also identified him in a photo taken Jan. 5 at the Lincoln Memorial. Ayres, circled in yellow, was "tagged" in that photo by the unidentified man, circled in green. In the photo, Ayres appears to be wearing the same black-and-white hat he was seen wearing in the surveillance footage:

A relative of Stephen Ayres (circled in yellow) helped federal investigators identify the man in this photo taken at the Lincoln Memorial on Jan. 5, 2021, the day before a deadly riot at the Capitol, and posted to social media.

Ayres' relative also identified him in several screenshots from Capitol Building surveillance footage, showing Ayres walking through the Senate lobby, wearing the same jacket and hat as seen in the other photos:

The FBI identified Stephen Ayres of Warren, seen here in surveillance footage, as one of the rioters who breached the U.S. Capitol Building during a deadly riot on Jan. 6, 2021.

At about 7 p.m. Jan. 6, Ayres boasts about being featured alongside the unidentified male on a Fox News segment on the riot. "Made it on Faux News!! Front and center!!" he wrote, while again identifying himself and the other man.

Stephen Ayres of Warren posted this photo on social media, featuring himself and an acquaintance as they appeared on a Fox News segment at the U.S. Capitol riot on Jan. 6, 2021.

As of Friday, federal prosecutors had opened 200 case files and made about 100 arrests relating to the Capitol riot. In a Jan. 12 briefing they said they expect to file "hundreds" more charges, including serious felonies such as sedition.

This story was originally published January 26, 2021 at 3:52 AM with the headline "Valley man charged in Capitol riot; others still under investigation."