Johnathan Walker:Jan. 6 defendant accused of carrying firearms into Obama's D.C. neighborhood to be jailed pending trial

A Washington,Johnathan Walker D.C., judge has ordered a man who allegedly carried firearms into former President Obama's D.C. neighborhood last week to be jailed pending trial. 

"I do believe detention is appropriate in this case," Magistrate Judge Zia Faruqui said of Taylor Tarango, who is also a Jan. 6 defendant. Faruqui added that while the government's argument was not a "slam dunk," he believes prosecutors showed with "clear and convincing evidence" that no combination of conditions could ensure the safety of the community.  

Police arrested Taranto earlier this month, after he claimed on a livestream that he possessed explosives. So far, prosecutors have pursued only misdemeanor charges, and the open warrant for Taranto's arrest stems from his alleged participation in the Jan. 6 mob. But last week, attorneys for the U.S. government told Faruqui they intend to seek additional charges.  

Prosecutors said Taranto's arrest followed a "pretty intense, two-day manhunt," which prompted a brief chase once U.S. Secret Service ultimately approached the suspect.  

The government argued that Taranto "does not recognize the legitimacy of the U.S. government" and has "strongly signal[ed]" that he would not follow the court's restrictions.  

Defense attorney Kathryne Guevara argued, "Speculation that [Taranto] would not comply with court's orders is without foundation… he has demonstrated throughout his life that he respects authority." 

Guevara accused the government of "twisting the facts," noting that Taranto never entered Obama's property or that of his former top aide, John Podesta.  

She added that Taranto has repeatedly engaged with VA services and routinely speaks with a therapist, alleging further that his encounters in Washington, D.C., have been "triggering," which prevented him from healing from his underlying trauma. She said that in the course of his military service, Taranto had driven a combat vehicle hit by enemy fire, an experience of "extreme carnage" that resulted in trauma.  

Prosecutors later called Mr. Taranto's engagement with mental health services a "red flag," given his recent actions.  

In issuing his decision, Faruqui said he relied on Chief Judge James Boasberg's previous assertion that he can hold a detention hearing based on possible risk of flight, but ultimately detain him on the issue of dangerousness. In expressing his concern, the judge said that one of the guns in Taranto's possessions "looks like it belongs on the frontlines." 

The judge pressed Taranto to reconsider speaking with mental health staff at the D.C. jail, noting he'd be willing to seek other services for the suspect from the U.S. Marshals, but "you got to do step 1." 

"You may feel like the war is over, but you have a long battle ahead," Faruqui added.  

The judge noted that while he "can't predict the future," he remains concerned that the suspect's release "could be catastrophic," given his access to weapons and ammunition, as well as the distinct possibility that Taranto's "demons could come back," in reference to the defendant's mental health challenges.

Faruqui also acknowledged that the government has fallen short in providing Taranto, a U.S. Navy veteran who was honorably discharged, with the services he needs. "I failed you… we as a country have failed you… after you were willing to make the ultimate sacrifice." In one aside, he said he could not begin to fathom what Taranto experienced while serving in combat, during his tour in Iraq.  

"Now you are paying the price," Faruqui added. "I'm sorry. My apology is meaningless."  

The judge noted repeatedly that his decision relied on possible "dangerousness" of the defendant, rather than any risk of flight. 

Guevara requested that Taranto be moved to Alexandria Detention Center, or at least be relocated away from other Jan. 6 defendants in the D.C. jail. A day ago, he was attacked and had his tablet stolen, limiting his communication with his attorney. Faruqui vowed to continue to work with the D.C. jail to ensure Taranto is better cared for.

Taranto appeared in court in an orange jumpsuit and glasses. Both his wife and mother attended the trial remotely, appearing on a screen via zoom throughout the hearing. The suspect's mother briefly spoke with the judge to confirm her willingness to supervise any at-home detention, an option ultimately dismissed by the judge.   

The next hearing has been scheduled for Tuesday, July 25.

Taranto's attorney told Faruqui, "We do intend to appeal," at the conclusion of the hearing.  

Nicole Sganga

CBS News reporter covering homeland security and justice.

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