Griffin motion for dismissal denied in federal trespassing case, new motion filed

Couy Griffin, 47 of Tularosa, filed a second motion to have a federal trespassing case against him dismissed on May 17.

Judge Trevor N. McFadden denied Griffin's first attempt at dismissal as moot, according to federal court records.

The plaintiffs in the case, the U.S. Government has until May 28 to file opposition to Griffin's second motion to dismiss.

The second motion to dismiss is similar to the first as it seeks to dismiss the trespassing charge "because it fails to state valid offenses and violates several constitutional protections," the amended motion states.

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The amended motion restates the issues in the original motion to dismiss namely that since Griffin never entered the Capitol on Jan. 6, he did not violate the law. 

"That charge should be dismissed for the simple reason that the government concedes that Griffin did not enter the Capitol Building on January 6," both motions state. "But even if it had charged that Griffin violated § 1752 by 'entering' the west front of the U.S. Capitol steps, the charge would still require dismissal."

Griffin was arrested on Jan. 18 on a charge of knowingly entering or remaining in any restricted building or grounds without lawful authority relating to his participation in the Jan. 6 Capitol riots. 

Griffin never entered the Capitol Building on Jan. 6. 

The referenced statute is from U.S. Code, Title 18, section 1752 that describes what is prohibited on restricted buildings or grounds and what happens to those who violate the subsection.

Punishments include a fine and jail time.

Griffin currently serves as Otero County Commission Vice-Chairman representing Otero County District 2. He is also co-founder and spokesman for political advocacy group Cowboys for Trump.

Prior to Griffin's arrest, he spoke at the regular Otero County Commission meeting Jan. 14 about his plans for the Jan. 20 Inauguration.

"I'm gonna be there on Jan. 20 ... and I'm gonna take a stand for our country and for our freedoms," Griffin said. "I'm gonna leave either tonight or tomorrow. I've got a .357 Henry Big Boy rifle lever action that I've got in the trunk of my car and I've got a .357 single action revolver, the Colt Ruger Vaquero that I'll have underneath the front seat on my right side and I will embrace my Second Amendment.

"I will keep my right to bear arms. My vehicle is an extension of my home in regards to the constitutional law and I have a right to have those firearms in my car."

More:Otero County's Couy Griffin says he's going to Washington D.C. with guns for Inauguration Day

A few days later, Griffin was arrested for knowingly entering or remaining in any restricted building or grounds without lawful authority on Jan. 6.

Shortly after Griffin's arrest, his fellow Otero County Commissioners, the New Mexico Attorney General and other urged him to resign his position as county commissioner.

Griffin has said that he will not resign.

More:Griffin files appeal in recall case

A case to recall him was appealed to the New Mexico Supreme Court where no hearings have been set as of May 19.

Probable cause was found on the recall case by Third Judicial District Court Judge Manuel Arrieta at an April 8 recall hearing.

Nicole Maxwell can be contacted by email at nmaxwell@alamogordonews.com, by phone at 575-415-6605 or on Twitter at @nicmaxreporter.