Troy Sargent selfie at Capitol (copy)

A selfie taken by Troy E. Sargent, then later removed from his social media, shows him to have been present at the U.S. Capitol in Washington on Jan. 6, according to a report by an FBI special agent. His lawyers Thursday asked a federal judge to dismiss his case, arguing that the government's indictment was "invalid."  

A Pittsfield man accused of tussling with police officers during the Jan. 6 Capitol riot wants his case dismissed on grounds that the government’s case lacks facts.

Troy E. Sargent’s lawyers filed motions Thursday, asking a judge to dismiss six counts the government has filed against him.

Defense attorneys Joshua Hanye and Wade Zolynski call the federal indictment charging Sargent “invalid.” Prosecutors failed to detail how Sargent allegedly violated federal law, in violation of the Constitution and the rules of criminal procedure, the lawyers said in court documents filed in U.S. District Court in Washington.

“The indictment makes no factual allegations, except to specify the date and location,” the lawyers wrote.

Those omissions should be judged as “fatal” to the government’s case, they added.

The charges against Sargent range from forcibly assaulting, resisting, opposing, impeding federal officers to obstruction of law enforcement during civil disorder to willfully and knowingly engaging in physical violence in Capitol grounds or buildings. Sargent has pleaded not guilty to all six charges against him.

Court documents show federal prosecutors built their case around Sargent’s own social media accounts and police video. One police video shows Sargent “among a large group of rioters … facing off against a line of police officers.” Another video shows Sargent appearing to attempt a punch at a police officer but “inadvertently” hitting another member of the crowd, before retreating into the crowd.

Amanda Burke can be reached at aburke

or 413-496-6296.

Cops and Courts Reporter

Amanda Burke is Cops and Courts Reporter for The Berkshire Eagle. An Ithaca, New York native, she previously worked at The Herald News of Fall River and the Fitchburg Sentinel & Enterprise.