Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 35
- Location
- Standish, Michigan
- Charges
- Civil Disorder; Entering and Remaining in a Restricted Building or Grounds; Disorderly and Disruptive Conduct in a Restricted Building or Grounds; Disorderly Conduct in a Capitol Building or Grounds; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded not guilty; Dismissed in part or full
Case Summary
An open source video from the grounds of the U.S. Capitol building on Jan. 6, 2021 showed Barry Toth speaking to the camera and saying "This is our country and we are taking it back." According to court documents, Toth entered the Capitol through a broken window at approximately 2:21 pm that day, moving through the Crypt and the Rotunda over the next fifteen minutes. Around 2:36 pm, Toth was seen in closed circuit television footage among a crowd outside the House Chamber Door. Toth then allegedly pushed to the front of the scrum with a fire extinguisher in his hands, before seeing through the windows of the door that police officers on the other side had their guns drawn. Toth withdrew from the crowd and exited the building at around 2:51 pm. He was arrested on Feb. 16, 2024, in Bay City, Mich.
Case History
Toth pleaded Not Guilty to all charges. Jury trial set for 2/24/2025. On 1/21/2025, the court grants the government’s motion to dismiss the case with prejudice.
Sources
- Primary Documentation
NPR Jan. 6 Defendant DatabaseNPR - Primary Documentation
Underlying court recordCourt record linked by NPR
Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.