PHILADELPHIA (AP) — A Philadelphia judge has declined to dismiss election-related charges against two men accused of driving with guns and a lockpicking tool to a site where Philadelphia votes were being counted in early November.
Lawyers for Joshua Macias and Antonio LaMotta of Chesapeake, Virginia, argue there was no evidence they tried to interfere with election-related activities.
The lawyers say it appears they are being punished for their beliefs.
Judge Mark Moore says the state presented enough evidence to “give a serious picture” to their intent.
The judge says issues raised by defense attorneys would be better decided by a jury.
The two men from Chesapeake were arrested in November after they traveled to the Philadelphia convention center where votes in the 2020 presidential race were being counted.
Both men were previously charged with weapons violations for guns they were carrying as they walked to the convention center in the early morning hours of Nov. 5. Prosecutors allege that they traveled to the city in a Hummer adorned with a QAnon sticker and packed with an AR-15-style rifle, ammunition and other weapons.
Weapons counts against Macias were later dropped because he is licensed to carry a gun in Virginia, although prosecutors have said they intend to refile them. Prosecutors also later added election fraud charges, and both defendants are now charged with interfering with an election, conspiracy and hindering performance of duty.
They were originally out on bond, but were sent back to jail and their bail increased due to their participation in the rally near the U.S. Capitol that turned deadly Jan. 6.
