“We shouldn’t be here, that’s over the fence,” Ochs told DeCarlo as they reached the west front of the Capitol during the attack, according to court documents. “We are all criminals, yes!” DeCarlo said. According to the deal, both men threw smoke bombs at a line of officers — though DeCarlo said he forgot to pull the bomb’s pin — before traveling inside the Capitol, smoking cigarettes in the Crypt and later meeting with Sgt. Proud Boys-at-arms Ethan Nordean, who has been charged separately with conspiracy to riot along with several other leaders of the far-right group. Nordean, DeCarlo, Ochs and another Proud Boy, Paul Rae, engaged in a group hug when they met inside the Capitol, later walking to the Rotunda, according to the appeal. Rae is also facing multiple charges for his actions that day. Before leaving the Capitol, DeCarlo wrote “MURDER THE MEDIA” in permanent marker on a Capitol door, posing for a photo next to the newly inscribed sign with Ochs. The two men will be sentenced in December and face an estimated 41 to 51 months behind bars.
