United States v. SABOL, 1:21-cr-00035

Defendant Ronald Colton McAbee, a former sheriff’s deputy, is charged in connection with January 6, 2021 events at the U.S. Capitol including assaulting and inflicting bodily injury on MPD officers, civil disorder, and related weapons offenses.
Before trial a magistrate in Tennessee ordered McAbee released to home detention with conditions; the government moved for review and a stay seeking pretrial detention in D.D.C.
Proffered evidence includes pre‑Jan. 6 text messages planning travel and mentioning weapons, McAbee’s clothing/gear that day (metal‑knuckled gloves, tactical vest with "SHERIFF" patch and Three Percenter insignia), and video showing McAbee grabbing and dragging Officer A.W., swinging at Officer C.M., and tumbling down stairs into a mob.
Post‑event texts from McAbee expressed pride and willingness to commit further violence (e.g., “I’ve shed blood… I will shed more in the days to come”).
The district court held a hearing, applied the Bail Reform Act factors and the Chrestman framework, concluded McAbee engaged in offensive violent conduct and planned/armed himself, and revoked the magistrate’s release order.
Holding: by clear and convincing evidence the court found no condition or combination of conditions would reasonably assure community safety and ordered McAbee detained pending trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for pretrial detention under 18 U.S.C. § 3142(f)	McAbee is charged with crimes of violence and weapon‑involved felonies, making him eligible for a detention hearing	McAbee did not dispute eligibility	Held: Eligible under §3142(f)(1)(A) and (E) (court and parties agree)
Whether no condition or combination of conditions will reasonably assure safety (danger to community under §3142(e))	Government: clear and convincing evidence of dangerousness based on planning, weapons, video of assaults, and post‑event threatening texts; applies Chrestman factors to show high culpability	McAbee/magistrate: he did not take offensive action, may have been trying to aid others, did not use weapons; magistrate found release appropriate with conditions	Held: District court reviewed the record, found McAbee engaged in offensive, deliberate violence (dragging officer into mob, swinging at another), his planning and weapons weigh heavily, and post‑event statements show ongoing danger; no conditions suffice — detention ordered
Standard of review of magistrate’s release order	Government argued for review and reversal	Defense relied on magistrate’s factual findings favoring release	Held: District court applied de novo review of the magistrate’s release order and reached independent conclusion supporting detention

United States v. Munchel, 991 F.3d 1273 (D.C. Cir. 2021) (dangerousness must be articulated and assessed in context; not all Jan. 6 participants require detention)
United States v. Chrestman, 525 F. Supp. 3d 14 (D.D.C. 2021) (provides six‑factor framework for assessing nature/circumstances of Jan. 6 conduct)
United States v. Sabol, 534 F. Supp. 3d 58 (D.D.C. 2021) (applies Chrestman factors; carrying/taking weapons and violent conduct weigh in favor of detention)
United States v. Salerno, 481 U.S. 739 (1987) (pretrial detention limited to the most serious offenses consistent with due process)
United States v. Kendall, 876 F.3d 1264 (10th Cir. 2017) (assault on certain officers under 18 U.S.C. § 111 can qualify as a crime of violence)
United States v. Taylor, 848 F.3d 476 (1st Cir. 2017) (discusses § 111 as a crime of violence)