Ex-Shaler substitute teacher convicted in Capitol riots

The former Shaler substitute teacher accused of attacking a police line during the Jan. 6 Capitol insurrection was convicted by a federal judge Tuesday on several felony charges.

Robert Morss, 29, of Glenshaw; Geoffrey William Sills, 31, of Mechanicsville, Va.; and David Lee Judd, 36, of Carrollton, Texas — were found guilty of obstruction of an official proceeding.

Morss and Sills also were found guilty of assaulting, resisting, or impeding officers with a dangerous weapon and of robbery. Judd also was found guilty of assaulting, resisting, or impeding officers. All of the charges are felonies.

U.S. District Judge Trevor N. McFadden returned the verdicts after a trial in which all three men stipulated to a set of facts agreed upon by the prosecution and the defendants.

Morss, a former Army Ranger who served three combat tours, has been held in custody since his arrest in June 2021. He is scheduled to be sentenced on Jan. 6 — exactly two years after the Capitol incident.

The government said that Morss worked to organize other rioters around him by urging them to make a shield wall. He also was accused of trying to take a baton and helmet visor from officers trying to stop them, and of trying to take control of a flag pole.

Morss repeatedly asked to be released from custody, but McFadden denied the requests.

Morss was charged in a case involving eight other defendants. A jury trial for five of those was slated for the end of August. However, on Aug. 15, Morss filed notice that he was electing to have a non-jury trial.

Morss’ defense attorney, John Kiyonaga, said on Tuesday that all of the defendants listed in the indictment agreed that they would not be able to get a fair jury in Washington, D.C. They had asked for a change of venue, but McFadden denied the request.

Kiyonaga said that all of the juries who have heard Jan. 6 cases have convicted on all counts, and usually after deliberating for only a couple hours. He called the jury pool in the nation’s capital “extremely hostile” to these cases.

One of the reasons Morss agreed to have a stipulated non-jury trial, his attorney said, is because, when it comes time for sentencing, his client can still receive the benefit of a lesser penalty for acceptance of responsibility.

Typically, defendants in federal cases receive a downward departure in their advisory sentencing guidelines when they plead guilty. Kiyonaga said that the same principle will apply because Morss agreed that the facts presented by the government supported each element in the charges against him.

In addition, Kiyonaga said, by Morss still pleading not guilty, his appellate rights will be protected.

“These are unprecedented cases dense with issues,” he said.

Morss arrived at the Capitol wearing tan camouflage clothing a tactical vest with scissors, tan gloves and a red Make America Great Again baseball hat.

Investigators were able to track his actions that day using surveillance video and body cam footage captured by officers that day.

He was involved, the government said, in a violent attack on officers inside the Lower West Terrace tunnel that afternoon and entered the Capitol through a broken window.

In body cam footage, Morss could be heard saying to officers, “‘You guys are betraying us. You get paid enough to betray your people?’

“‘This is our Capitol. This is our Capitol.’”

During the confrontation in the tunnel, Morss yelled “shield wall” to the crowd and told people pass up police riot shields. They then passed them to the front of the line confronting officers. Morss yelled at the crowd, directing them to push in unison to break past the officers guarding the Lower West Terrace doors.

Kiyonaga noted during Tuesday’s hearing that in the statement of facts Morss acknowledged, the government included several references to his client’s political point of view, which, he said, was not necessary or related to any of the criminal charges against him.

“It was noted, and we moved on,” the attorney said.

In the 19 months since Jan. 6, 2021, over 860 people have been arrested in connection with the Capitol riots, officials said.