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2 more Indiana men charged in Capitol insurrection



Two more Indiana men have been charged in connection to the Jan. 6 Capitol insurrection.

  • Read the court documents

According to federal court documents filed Monday and unsealed on Tuesday, Joshua Wagner and Israel Tutrow, whose ages were not provided, each face charges of:

  • Knowingly Entering or Remaining in any Restricted Building or Grounds.
  • Disorderly Conduct Which Impedes the Conduct of Government Business.
  • Disruptive Conduct in the Capitol Buildings.
  • Parading, Demonstrating, or Picketing in the Capitol Buildings.

Wagner surrendered to authorities on Tuesday afternoon; there is an active warrant for Tutrow’s arrest, the FBI said Tuesday.

Through an attorney, Wagner identified himself to law enforcement on Jan. 9 as the person shown inside the U.S. Capitol in a photo released by the FBI, the documents say.

An unnamed source who went to high school with Wagner and Tutrow spoke to investigators, identifying both men and saying Tutrow was an associate of Wagner. That person told investigators Wagner picked up Tutrow around 2 a.m. on Jan. 6 with the intent to drive from Indiana to Washington to participate in the rally for President Donald Trump, federal court documents say.

That source told investigators Wagner indicated in Facebook messages that he had been inside the Capitol. Around 3 p.m. on Jan. 6, the source sent Tutrow a Facebook message that referenced a person being shot inside the Capitol, and Tutrow replied with two messages and a video, which were later unsent, according to federal court documents.

Around 4 p.m., Tutrow asked the unnamed source for Wagner’s phone number, then indicated in a message around 5 p.m. that the two men had reconnected. Around 9 p.m., Tutrow told the source he was “sick with anxiety” after the riot. And after the FBI released the photo of Wagner inside the Capitol, Wagner told the source he was “very scared and worried,” according to the federal court documents.

That source said Tutrow acknowledged that Wagner drove him to the rally.

Multiple other sources identified Wagner and Tutrow to law enforcement as the people in the photos. Investigators also say they found the public page for the Facebook account associated with Wagner that showed a photo consistent with the photo shared by the FBI, as well as posts about contesting the election, protesting in Washington, and a Dec. 24 post stating, “Anyone going to D.C. on the 20th?”

Two other Hoosiers so far have been charged in the insurrection.

Iced Earth guitarist Jon Schaffer, a Columbus, Indiana, native, surrendered to authorities on Jan. 17 on six charges.

The FBI believes Schaffer was among the rioters that used bear spray against Capitol police. He was inside the Capitol building in a blue hoodie under a tactical vest holding a can of bear spray, photos in court documents show.

Kash Kelly, of Hammond, was charged with illegal entry and disorderly conduct in connection to the riot.

Kelly was previously convicted of federal drug crimes and now is free on bond awaiting sentencing for those crimes. As a condition of his bond, he was allowed to travel with permission from the court. But while in D.C., Kelly didn’t have written permission from the court, which is a violation of his bond. He freely posted pictures on social media, including a few from inside the building.

Kelly surrendered to federal law enforcement and was being jailed in the Porter County Detention Center in Valparaiso.