Opening statements begin Tuesday in the trial of nine people accused in the nonfatal July 4 shooting of a police officer outside an ICE detention center.
The proceedings come after a day of jury selection marked by technical issues that disrupted public view of the proceedings.
U.S. District Judge Mark Pittman swore in a 12-person jury Monday after he declared a mistrial during jury selection last week. He accused defense attorney MarQuetta Clayton of wearing what he called a "politically charged" shirt depicting American civil rights protesters that he said could have influenced potential jurors.
Pittman singlehandedly conducted jury selection Monday following the incident, with questions submitted by prosecutors and defense attorneys. The judge made each attorney stand up so he could inspect their clothing before bringing in the jury pool.
The court held jury selection in Fort Worth, but members of the public could only watch the proceedings on a television screen from an overflow room in the Dallas federal courthouse. It will serve as the only overflow space for the duration of the trial, Pittman said, because his courtroom in Fort Worth is too small.
The livestream's audio and video often cut out throughout the proceeding — including while Pittman seated the final jury.
All defendants are accused of playing a role in the shooting after what they say was a noise demonstration outside the building in support of those inside the Prairieland Detention Center in Alvarado. The Justice Department says it was a "coordinated attack" meant to kill ICE agents.
Family, friends and supporters of the defendants were outside the courthouse both last week and during Monday's jury selection.
"This case raises serious constitutional concerns," defendant Maricela Rueda's sister Diana Rueda said Monday. "When protests are treated as terrorism, these protections are at risk for all of us."
Government officials also call the case the first-ever federal domestic terrorism case associated with “antifa," short for anti-fascist. President Donald Trump declared the ideology a domestic terror threat last year.
Pittman's questions for potential jurors included whether they had any negative or positive experiences with ICE, their opinions on antifa, whether they had attended any political protests, how they felt about people bringing guns to protests and whether they had any bias toward transgender people. Several defendants in the case are trans.
Upon a defense attorney's request — seemingly in response to Clayton's shirt issue — Pittman also asked potential jurors whether a painting in the courtroom of the Texas Rangers arresting 19th century outlaw Sam Bass would affect their ability to hear out members of the Texas Rangers who will take the witness stand during trial. No one from the jury pool spoke up.
Pittman said he expected the trial to finish by March 11.
The defendants
Prosecutors accuse Benjamin Song, 32, of being the group's leader and the lone shooter the night of July 4. Several of the guns found at the scene were tied to Song, according to court records.
Court documents allege the house where Meagan Morris, 41, and Autumn Hill, 30, lived was the site of planning and a "gear check" ahead of the defendants' trip to Prairieland. Morris said the house was just a spot to meet and carpool.
Husband and wife Ines Soto, 41, and Elizabeth Soto, 40, were arrested while leaving Prairieland shortly after gunshots rang out.
An FBI investigator claimed in a preliminary hearing last year that the Sotos' home had a printing press to produce zines and other literature. Ines Soto also sent several messages in Signal group chats encouraging more disruptive forms of protest, the agent said, and allegedly brought first aid kits meant to help with gunshot wounds and other traumatic injuries.
The Sotos rode in a car with 32-year-old Savanna Batten to Prairieland, court records allege.
Daniel Sanchez Estrada, 39, is accused of dropping a box of "zines,” or DIY published booklets, and other insurrectionary “antifa materials” at a friend's apartment in Denton in an attempt to conceal incriminating evidence. Prosecutors allege this was after 33-year-old Maricela Rueda, who's married to Sanchez Estrada, called him from jail with instructions.
Zachary Evetts, 36, is accused of breaking away from the main group that arrived to Prairieland and spray painting and damaging vehicles and a guard structure in the parking lot.
The other defendant accused of vandalism, Nathan Baumann, pleaded guilty and is expected to testify during trial.
Hill, Song, Batten, Morris, Rueda, Zachary Evetts, Elizabeth Soto, and Ines Soto are charged with rioting, providing material support to terrorists, conspiracy to use and carry an explosive and use and carry of an explosive — the explosive being fireworks, according to the latest indictment in the case.
Song is also charged with attempted murder of officers and employees of the United States, and discharging a firearm during, in relation to, and in furtherance of a crime of violence. Hill, Evetts, Morris and Rueda are charged with aiding and abetting.
Sanchez Estrada and Rueda are charged with conspiracy to conceal documents. Sanchez Estrada is also charged with corruptly concealing a document or record.
Song, Hill, Evetts, Morris, and Rueda could face anywhere from 10 years to life in prison if convicted. Batten and the Sotos face 10-50 years in federal prison. Sanchez Estrada faces up to 20 years in federal prison on each count.
This is a developing story and will be updated throughout the day.
Additional reporting from KERA's Penelope Rivera.
Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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