By Thane Grauel

WASHINGTON, D.C. — A Westport man charged in the Jan. 6, 2021, attack on the U.S. Capitol has until May 24 to accept a plea offer or stand trial July 8.

Benjamin Cohen was 21 when arrested by the FBI at his Bayberry Ridge Road home on Aug. 9, 2023. He had federal felony and misdemeanor charges levied against him in the riot during which some 140 police officers were assaulted and $1.5 million in damage was done to the Capitol.

Cohen’s arrest caused a hubbub locally, though little has been heard about the case for months.

But there’s been a recent flurry of court action. Cohen’s been offered a plea offer, though the details don’t appear to be part of the court’s online record.

And his federally appointed defenders have requested a 90-day delay for the trial.

Biggest criminal case in U.S. history

The FBI and the Justice Department have been busy investigating what is now the biggest criminal investigation in U.S. history.

To date, Cohen is among more than 1,200 people charged in the riot that occurred when a joint session of Congress convened to affirm the presidential election results. More than 700 have been convicted, two-thirds of them sentenced to jail time, according to the Justice Department.

Cohen had driven to Washington, D.C., with his mother, to attend a rally supporting then-President Donald Trump, federal court documents state. His mother told investigators she became separated from her son outside the perimeter of the Capitol, which was surrounded by a barricade of bike racks, snow fencing and Capitol and Metropolitan police officers.

Cohen was arrested 2½ years later by the FBI at the family home after someone contacted federal authorities saying they thought they recognized a man shown in photos on an FBI website.

Cohen was indicted by a federal grand jury on Oct. 18, 2023. He was arraigned via video conference Oct. 31.

He pleaded not guilty to all charges brought against him:

• Civil disorder, a felony.
• Assaulting, resisting or impeding certain officers, a felony.
• Entering and remaining in a restricted building or grounds, a misdemeanor.
• Disorderly and disruptive conduct in a restricted building or grounds, a misdemeanor.
• Engaging in physical violence in a restricted building or grounds, a misdemeanor.
• Act of physical violence in the Capitol grounds or buildings, a misdemeanor.

Federal felonies generally carry prison terms of a year or more. Misdemeanors, less than a year.

“The government’s offer currently remains open until May 24, 2024,” according to a Parties’ Joint Status Report filed April 22.

If Cohen doesn’t take whatever deal was offered, he’ll be tried beginning July 8.

That is unless the judge grants a motion made Thursday by Cohen’s lawyers to delay the trial an additional 90 days. It is opposed by the prosecution.

Defense says mental health evaluation underway

“The Defense retained a specialist to conduct a forensic evaluation of Mr. Cohen’s mental health both for (1) possible defense at trial, and (2) mitigation at sentencing,” a motion reads.

It states the specialist has to review extensive records.

“Mr. Cohen has previously met with the defense’s specialist, and is scheduled to again meet with him within the coming week,” the defense motion reads. “Benjamin Cohen agrees with the request and waives his right to a speedy trial for 90 days.”

Photos gathered by feds appear to show Cohen on front lines of riot

Federal prosecutors allege Cohen assaulted several officers on the perimeter outside the west side of the Capitol, and participated in a “heave-ho” breach of the west terrace tunnel leading into the Capitol building.

Inside the Capitol, a joint session of Congress was meeting to certify the Electoral College results, in which Joe Biden defeated then-President Donald Trump. Trump’s supporters rioted in an effort to disrupt the transfer of power.

“Video footage shows Cohen standing in the crowd of rioters, where he can be heard shouting, ‘Our House!’ ” the federal complaint states.

“Cohen then made his way deeper into the mob,” the federal complaint states. “From the vantage point at the mouth of the Tunnel, Cohen could see the large phalanx of police officers defending the tunnel entrance to the Capitol building and could hear a door alarm from the emergency exit blaring. Just before approximately 2:51 p.m., Cohen pushed against the rioter in front of him, and additional rioters joined the pushing effort around and behind him. Together, the mob pushed in a ‘heave-ho’ effort against the police line until about 2:51:20 p.m.”

The heave-ho is sort of the reverse tug-of-war, a concerted back-and-forth human group effort to exert more force forward than people on the opposing side can match. In this case, it was rioters against outnumbered officers.

The complaint includes a couple dozen photos prosecutors say show Cohen outside and inside the Capitol.

Some photos appear to show Cohen donning a red ballcap with gold writing with Trump’s slogan, “MAKE AMERICA GREAT AGAIN.”

How Cohen was ID’d as suspect

After the assault on the Capitol, the FBI published photographs of a young white male in a black coat, red hat and blue pants. The man was known as “BOLO AFO-379.”

BOLO is an acronym for “be on the lookout.” AFO means “assault on a federal officer.”

In July 2022, the FBI got a tip saying it might be Cohen. The FBI compared the numerous photos it had of the man to Cohen’s Connecticut Department of Motor Vehicles license photo.

In December, a former coworker of Cohen’s was interviewed and told investigators that four photos he was shown from the Capitol riot were indeed Cohen.

On Jan. 30, 2023, the federal complaint states, the Cohen family was interviewed.

“FBI investigators separately interviewed Cohen’s father, Cohen and Cohen’s mother at Cohen’s Westport, Connecticut, residence. Cohen’s father explained that Cohen traveled to Washington, D.C., with his mother on January 6, 2021, in order to attend the political rally taking place that day,” a statement of facts attached to the federal complaint states.

“Cohen’s father learned that after the rally, Cohen joined the march to the Capitol building,” it continued. “Cohen confirmed that he traveled with his mother by car to D.C., attended the January 6, 2021, rally in support of then-President Trump, and then walked to the Capitol building — entering Capitol grounds around 2:00 p.m. Cohen admitted that he joined a crowd on the front steps of the building and got ‘tear gassed.’ Cohen’s mother confirmed that she traveled with Cohen to D.C. for the rally and stated that she lost contact with Cohen after they reached the Capitol grounds’ outer barriers and Cohen proceeded closer to the Capitol building.”

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 36 years. Reach him at editor@westportjournal.com. Learn more about us here.