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April 18, 2024 - WASHINGTON – A grand jury in Washington, D.C., returned a superseding indictment on Wednesday charging two men from Kentucky and Indiana with conspiracy to obstruct an official proceeding, among other charges, related to their conduct during the Jan. 6, 2021, breach of the U.S. Capitol.
Dan Edwin Wilson, 48, of Louisville, Kentucky, and David Scott Kuntz, 53, of Elizabeth, Indiana, are charged in the superseding indictment with felony counts of conspiracy to obstruct an official proceeding and obstruction of an official proceeding. In addition to the felonies, both men are charged with misdemeanor counts, including entering and remaining in a restricted building or grounds and disorderly and disruptive conduct in a restricted building or grounds.
Wilson was previously charged and arrested for his role in the events of January 6th on May 25, 2023.
Kuntz was previously charged and arrested for his role in the events of January 6th on March 7, 2024.
According to the superseding indictment, Wilson and Kuntz conspired with each other and others to corruptly obstruct, influence, and impede the Congressional proceeding at the U.S. Capitol on January 6, 2021. Wilson and Kuntz identify as Three Percenters and members of the Gray Ghost Partisan Kentucky Rangers, a Three Percenter militia.
The superseding indictment states that Wilson, Kuntz, and others used an encrypted messaging app to share information regarding the 2020 presidential election, to coordinate travel and plans for January 6th.
Specifically, Kuntz, with the assistance of another individual, created the “Coalition of the Unknown” group, where participants discussed plans to travel to Washington, D.C., in December 2020 and January 2021, among other things. Wilson and Kuntz, among others, participated in this chat, which ran from at least November 24, 2020, through at least December 22, 2020. Wilson, Kuntz, and others also coordinated in another group called “United Front.” For example, in the United Front group, on December 27, 2020, Wilson and Kuntz confirmed that they were traveling to Washington, D.C. for January 6, 2021. Wilson wrote, “The time is now.” Kuntz replied, “The 6th will tell it all im ready.” Later that same day, Wilson wrote, “I ain’t nobody but when it comes down to it follow me and I’ll show you a symphony of destruction.” Kuntz responded, “Come on the 6th lets do this shit.”
Court documents say that Wilson and Kuntz drove together to Washington, D.C., and, in the early morning of Jan. 6, 2021, gathered with others in the area near the Ellipse to witness the former President address the crowd. After listening to the speeches, the two men walked together toward the Capitol building.
According to the superseding indictment, at approximately 1:44 p.m., over Zello—a live voice push-to-talk communication platform available on cell phones—Wilson received a message from another individual. The individual asked, “How many patriots do we have pushing through at the Capitol, Live Wire?” Wilson responded a few seconds later, “Hey, pass the word, Badlands, as fast as you can, the people are pushing on the Capitol. We need hands on deck.” The individual responded, seconds later, “Heard, Live Wire. Will send.” Later, at 1:55 p.m., that same individual sent a message to Wilson, “Live Wire, when your team touches down in the Capitol, I need a sit rep, please.”
Wilson shared similar messages through other Zello channels as well. That afternoon, Wilson shared an audio message via Zello to a group called “Stop the Steal J6.” In the message, Wilson said, “The people are trying to push through the barricade at the Capitol building. We’re headed that way.” Wilson also shared a message via Zello to a group called “Oath Keepers general chat.” In that message, Wilson said, “Hey, whoever’s got ears on, even if you ain’t in D.C., pass the word, the people are pushing on the Capitol. We need all hands on deck.”
After he arrived at the U.S. Capitol building, Wilson climbed to an area above the Inaugural Stage and stood on a set of bleachers that had been constructed on the Upper West Terrace, overlooking the Inaugural Stage and West Plaza. Wilson entered the U.S. Capitol building via the Upper West Terrace Door at approximately 2:37 p.m. while wearing a gas mask. After entering the building, Wilson traveled to the Rotunda and Statuary Hall before returning to the Rotunda and exited the building at 2:49 p.m.
Kuntz was also present on the restricted grounds of the Capitol. He entered the Upper West Terrace at approximately 2:22 p.m. from the northeast side. From there, Kuntz walked toward the area of the Parliamentarian Door and Senate Wing Door on the Upper West Terrace. At approximately 2:42 p.m., rioters breached the Parliamentarian Door on the Upper West Terrace of the U.S. Capitol building. Kuntz was present in the area at the time of this breach. As rioters swarmed the Parliamentarian Door, Kuntz called out, “F— the police!”
The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Western District of Kentucky and Southern District of Indiana provided valuable assistance.
This case was investigated by the FBI’s Indianapolis, Louisville, and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 39 months since Jan. 6, 2021, more than 1,387 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 493 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Attachment: Wilson_Kuntz_Superseding-Indictment.pdf
Source: DOJ Release
