A judge has ordered the return to the federal government of a spear and horned helmet worn by a man who described himself as the “QAnon shaman” as he stormed the Capitol during the January 6 riot.
Federal Judge Royce Lambert ruled Monday that the Justice Department must return Jacob Chansley’s “unmistakable attire” as he serves a 41-month sentence for his role in the deadly 2021 mayhem.
“Mr. Chansley has served his sentence and completed the majority of his probation. He now seeks the return of property seized by the government and still retained by it, including his spear and helmet,” Judge Lamberth wrote in his ruling.
“Because the government has not shown that it still requires these items as evidence and has not sought their forfeiture, the court grants Mr. Chansley’s motion,” the judge wrote.
Chansley, 37, from Arizona, became a de facto poster boy for the riots after images went viral of him sporting what the government called a “coyote tail headdress with horns” and carrying “a six-foot pole with an American flag zipper tied to the shaft and a metal spear tip attached to the end” and showing off his painted face.
Some people were also seen holding megaphones while cheering on the rioters, but it was unclear whether this device was also confiscated or returned.
Chansley was among the first rioters to enter the Capitol and is said to have yelled abuse at former Vice President Mike Pence as he was removed by law enforcement officers.
The Justice Department initially argued that Chansley’s spear and helmet were items “used in a show of force during the storming of the United States Capitol” and should remain in federal custody.
But Lambert denied the allegations, saying there was a large amount of recorded video showing Chansley was at the Capitol, making his “possessions of little use in an investigation or prosecution.”
Chansley filed a motion in February 2023 seeking the return of those items.
During his 2021 sentencing, Chansley said he regretted his actions and later clarified that he no longer supported Donald Trump.
After his early release from prison last year, Chansley, who suffered from mental illness, moved to a re-entry residential center in Phoenix, Arizona, according to his former lawyer, Albert Watkins.
