Statement of Facts – Page 1
STATEMENT OF FACTS
Your affiant, is a Special Agent assigned to the FBI Detroit Division. In
my duties as a Special Agent, I have investigated allegations associated with domestic terrorism
and international terrorism. I have completed training and gained experience in interviewing and
interrogation techniques, arrest procedures, search warrant applications, the execution of searches
and seizures, and various other criminal laws and procedures. Currently, I am tasked with
investigating criminal activity in and around the Capitol grounds on January 6, 2021. As a Special
Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the
U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol
Police. Only authorized people with appropriate identification were allowed access inside the U.S.
Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of
the public.
On January 6, 2021, a joint session of the United States Congress convened at the United
States Capitol, which is located at First Street, S.E., in Washington, D.C. During the joint session,
elected members of the United States House of Representatives and the United States Senate were
meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral
College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint
session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the
House and Senate adjourned to separate chambers to resolve a particular objection. Vice President
Mike Pence was present and presiding, first in the joint session, and then in the Senate chamber.
As the proceedings continued in both the House and the Senate, and with Vice President
Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol.
As noted above, temporary and permanent barricades were in place around the exterior of the U.S.
Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away
from the Capitol building and the proceedings underway inside.
At such time, the certification proceedings were still underway and the exterior doors and
windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police
attempted to maintain order and keep the crowd from entering the Capitol; however, around 2:00
p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows
and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and
assisted those acts.
Shortly thereafter, at approximately 2:20 p.m., members of the United States House of
Representatives and United States Senate, including the President of the Senate, Vice President
Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session
of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
President Pence remained in the United States Capitol from the time he was evacuated from the
Senate Chamber until the sessions resumed.
Statement of Facts – Page 2
During national news coverage of the aforementioned events, video footage which
appeared to be captured on mobile devices of persons present on the scene depicted evidence of
violations of local and federal law, including scores of individuals inside the U.S. Capitol building
without authority to be there.
On January 8, 2021, the FBI received a tip that “Kyle Mlynarek has posted videos and
photos on snapchat and Facebook storming the Capitol building.” A screenshot from the
Facebook account named “KYLE MLYNAREK” was attached to the tip. The screenshot appeared
to show photos and videos that were taken inside the U.S. Capitol building on January 6, 2021.
The Facebook post by KYLE MLYNAREK read “It’s not about Trump or Biden or color . tts
[sic] about America. It’s about these mothefuckers thinking they can come take away our guns,
burn/kneel on our nations flag and anthem, shut down our businesses, force people to wear
something when it’s a personal choice, use social media to divide us, have bullshit rigged
elections, give money to other countries before taking care of us and our needs first, the fist [sic]
goes on and on. This isn’t a video game, this isn’t something u just look at on a screen, this shits
the real deal. So when they things that’ s [sic] unconstitutional or jeopardize our freedom
understand patriots gre [sic] gonna stand up kand fight for what we believe in and if u have a
problem with that then fuck off and stay out of the way.”
Figure 1
Statement of Facts – Page 3
In another tip to the FBI on January 8, 2021, an individual stated in part “Kyle Mlynarek-
Resident of Livonia, Michigan. Domestic terrorist who was involved in the capitol building raid.”
Attached to the tip was a :44 second video taken of “Kyle’s Post”. The video contained several
videos within “Kyle’s Post”, including videos taken within the U.S. Capitol as well as the above-
referenced Facebook posting.
Figure 2
In another tip to the FBI, on January 7, 2021, an individual stated that KYLE MLYNAREK
participated in the storming of the Capitol and had traveled from Michigan. Attached to the tip was
a screenshot of a Facebook profile picture labeled “Kyle Mlynarek,” seen below:
Statement of Facts – Page 4
Figure 3
In
addition, on or about February 4, 2021, an FBI Agent in the Washington Field Office
reviewed Twitter account, @ReneeBaily after interviewing a complainant about what he/she
observed on the account. The Agent identified and captured three photos and a seven second video
taken from inside the U.S. Capitol building that was posted by the user of Twitter account
@ReneeBaily. In one post, the Twitter user stated that "My fiancé got in". Investigation by the
FBI’s Washington Field Office revealed the above Twitter account was operated by Brandi Renee
Wasilewski, address of 1604 Helen St Garden City, MI 48135. A check of Lexis-Nexis revealed
that 1604 Helen St. was co-owned by RONALD BALHORN.
A check of KYLE MLYNAREK’s contact with local law enforcement in Michigan showed
an arrest in 2018. At that time, MLYNAREK listed RONALD BALHORN as his cousin and
emergency contact. MLYNAREK listed telephone number 734-516-1101 for BALHORN.
An April 9, 2021 check of the Facebook page “Kyle Mlynarek”, ID 100000030919850,
revealed a profile picture (as seen below) for the Facebook page that matched the above
photograph submitted in the tip to the FBI.
Figure 4
Statement of Facts – Page 5
On August 9, 2021, I served a Search Warrant to Facebook requesting records pertaining
to KYLE MLYNAREK’s Facebook page, Facebook ID 100000030919850. On August 10, 2021,
Facebook complied with the search warrant and provided the requested records. I reviewed the
records provided by Facebook, which showed KYLE MLYNAREK submitted a mobile upload on
January 7, 2021 at 10:10 p.m. EST. The upload included what appeared to be a photograph taken
from inside the U.S. Capitol building on January 6, 2021.
Figure 5
Also included in the Facebook mobile upload was a written post, which matched the above-
referenced Facebook post provided by the tipster regarding KYLE MLYNAREK’s activities at the
U.S. Capitol on January 6, 2021. A comment below MLYNAREK’s post read “Well said my
friend! Thank you for being there!”. Additionally, in a Facebook Messenger Chat on January 8,
2021 at 12:46 a.m., just over two and a half hours after MLYNAREK’s mobile upload Post,
Facebook user Kristen Balhorn asked “we’re [sic] you there”. MLYNAREK replied “Yes me Ron
and Brandi”.
On September 7, 2021, I executed a search warrant for KYLE MLYNAREK’s Apple
iPhone 11, serial number F4LCFPL1N72J, and an IMEI of 352894110814282. The phone had
previously been seized by the Livonia, Michigan Police Department to search for evidence
following an incident at a local bar/restaurant involving MLYNAREK. A review of the contents
of KYLE MLYNAREK’s cell phone revealed hundreds of images, several videos, and numerous
text message strings regarding his actions at the U.S. Capitol on January 6, 2021.
On January 4, 2021, KYLE MLYNAREK had the following text exchange with a phone
number believed to belong to MLYNAREK’s roommate:
MLYNAREK: “Btw, I’m leaving tomorrow for d.c. I’ll be back Thursday midday.”
(Roomate): “Going to protest? Lmao hell yeah I live with a free radical lmaooo”
MLYNAREK: “Doing what’s right isn’t radical”
(Roomate): “Who you going down there with?”
MLYNAREK: “My cousin and his girlfriend”
Statement of Facts – Page 6
Also on January 4, 2021, telephone number 734-516-1101, known to be utilized by
RONALD BALHORN and listed in KYLE MLYNAREK’s cell phone as “Ron B”, sent a text to
MLYNAREK and three other individuals which said “Lol. The stick I made to carry in dc
weds”. Attached to the text were two pictures:
Figure 6 Figure 7
On January 6, 2021, KYLE MLYNAREK sent several photos and videos to a phone
number subscribed to by Brandi Wasilewski. Wasilewski replied “I love it and I’m forwarding
to Ron.” The videos sent by MLYNAREK were taken both inside and outside the U.S. Capitol
on January 6, 2021. One video appeared to show MLYNAREK utilizing his cell phone to take a
video of him and RONALD BALHORN walking through a hallway inside the U.S. Capitol on
January 6, 2021. Below is the screenshot from the video as well as three of the photos sent from
MLYNAREK to Wasilewski.
Statement of Facts – Page 7
Figure 8
Figure 9 Figure 10 Figure 11
In addition, on January 6, 2021, at approximately 6:19 p.m., MLYNAREK had the
following text exchange with telephone number 313-333-0120, listed in MLYNAREK’s phones
as “Steve Ford”:
MLYNAREK: “Hell yeah!! First couple hundred people in to”
Ford: “Damn you went lmao”. Gotta show that snapchat to Chad tomorrow
morning”.
Statement of Facts – Page 8
MLYNAREK: “Don’t fuck with freedom, that’s just a small taste”
Information from MLYNAREK’s phone also showed the following exchange with
RONALD BALHORN at 7:05 p.m. on January 6, 2021:
MLYNAREK: “Told u we should have stayed!”
BALHORN: “Nope we left in time. We got in. Let the idiots do the rest”
Also found on MLYNAREK’s phone was a five second video that appeared to be taken
inside the U.S. Capitol on January 6, 2021. The video showed a broken window before panning
down a hallway. At the end of the video, RONALD BALHORN can be seen waiting in the
hallway. Below are two screenshots from the video, with BALHORN circled in Figure 12:
Figure 12 Figure 13
In another image found on MLYNAREK’s phone, MLYNAREK and BALHORN were
photographed walking away from the U.S. Capitol building. Based on the lack of crowd or police
activity in the photograph, I assess the photograph was taken in the morning hours of January 6,
2021. In the photograph, MLYNAREK was wearing dark jeans, dark Nike sneakers with white
soles, dark-colored gloves, a grey Carhartt hooded sweatshirt, a red bandana on his head and was
carrying a backpack and American flag on his back. BALHORN was wearing light-colored jeans,
a black hooded sweatshirt with white lettering on it, a black baseball hat, grey gloves, dark-colored
shoes and was carrying a backpack and American flag on his back. BALHORN was also pulling
a green wagon full of bottled water. On the wagon was the above-referenced “stick” and sign
BALHORN texted he would be carrying in Washington, D.C.
Statement of Facts – Page 9
Figure 14
I utilized the above descriptions of MLYNAREK and BALHORN to search through U.S.
Capitol Police footage, Metropolitan Police Department (MPD) body-worn camera (BWC)
footage, and open source media for any and all documentation of their activities in and around the
U.S. Capitol on January 6, 2021. Based on that research, I found the following information:
In a 26 second video posted on the Facebook account of “Dave Jones,” MLYNAREK
(circled in yellow) and BALHORN (circled in green) were observed standing in a large crowd near
the Ellipse in Washington, D.C. An individual was speaking to the crowd and the crowd cheered.
Statement of Facts – Page 10
Figure 15
In a 16:55s long video posted on what appeared to be a Russian news channel (POCCNR1),
MLYNAREK and BALHORN were observed at approximately 1:38s into the video. They were
walking with a large group of people down a street adjacent to the National Mall. MLYNAREK
and BALHORN were both carrying American flags. A female holding a pink flag was walking
between MLYNAREK and BALHORN. As noted above, MLYNAREK previously texted that
he, “Ron and Brandi” had gone to Washington, D.C.
Figure 16
Statement of Facts – Page 11
At approximately 2:00 p.m. EST, a group of MPD Officers attempted to make their way
through a crowd of protestors that had gathered on the Northwest side of the U.S. Capitol, near the
scaffolding used for the Presidential Inauguration. At that time, MLYNAREK and BALHORN
were observed on MPD Officer A.A.’s BWC standing off to the side of the MPD Officers as the
officers made their way through the crowd.
Figure 17
The MPD Officers encountered resistance from the protestors and stopped moving. While
they were moving, it appeared MLYNAREK and BALHORN yelled towards the officers and
BALHORN held up his middle finger in the direction of the officers.
Figure 18
At approximately 2:01p.m., the group of MPD Officers attempted to push forward through
the crowd but were stopped. Most of the officers were contained within a group that was pushed
and shoved by several protestors. In audio of several BWCs, an Officer can be heard shouting
Statement of Facts – Page 12
“10-33” (I know this code to mean an Officer is in need of assistance) and then can be heard saying
“We’re being trampled”. As observed in a 42:56s YouTube video titled “Capitol Riots Raw
Footage_***Journalistic Purposes Only”, BALHORN, followed by MLYNAREK, both got down
from their position above the Officers to a position directly in front of the Officers.
Figure 19
Figure 20
As can be seen in the footage from MPD Officer D.H.s’ BWC, at approximately 2:01:52
p.m., MLYNAREK was observed pushing a group of protestors, who in turn were pushing against
the group of MPD Officers. BALHORN was also observed in the group of protestors and appeared
to be pushing against the group of MPD Officers.
Statement of Facts – Page 13
Figure 21
Figure 22
As can be seen in footage from Officer D.H.’s BWC, at approximately 2:02 p.m., it
appeared Officer D.H. may have struck BALHORN with his baton as he was attempting to remove
protestors who were pushing against the group of MPD Officers, as seen below:
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Figure 23
The individual standing next to BALHORN, in the green jacket, then grabbed Officer
D.H.’s baton and a struggle ensued. Officer D.H. and the individual struggled on the ground until
Officer D.H. was able to regain control of his baton. As can be seen in Officer N.D.’s BWC
footage, BALHORN had a wooden stick or club in his hands and was moving aggressively near
the group of officers during the struggle.
Figure 24
BALHORN then tried to help the individual in the green jacket up off the ground with his
left hand as he held his club/stick in his right hand. MLYNAREK stood beside BALHORN.
Statement of Facts – Page 15
Figure 25
As can then be seen in footage from Officer P.K.’s BWC footage, at approximately 2:03
p.m., MLYNAREK was observed using his cell phone (Figure 26). BALHORN, who appeared to
have covered the lower part of his face with his black hoodie (Figure 27), was seen standing next
to MLYNAREK.
Figure 26
Statement of Facts – Page 16
Figure 27
As observed in a 42:56s YouTube video titled “Capitol Riots Raw Footage_***Journalistic
Purposes Only”, MLYNAREK is then observed standing on the U.S. Capitol Terrace with a group
of individuals who encountered metal barrier gates manned by U.S. Capitol Police Officers. Based
on the events in the video, MLYNAREK is first observed at 18:51s into the video, which is shortly
after the above-detailed confrontation on the Northwest lawn with the MPD Officers.
Figure 28
The video then showed an altercation between MLYNAREK, BALHORN, and two U.S.
Capitol Police Officers that occurred off to the side and away from the main group. It appeared
MLYNAREK and BALHORN struggled with an officer to move past him/her on the Terrace.
BALHORN and MLYNAREK then continued walking on the Terrace, towards the Senate Wing
Door entrance.
Statement of Facts – Page 17
Figure 29
Footage from the U.S. Capitol exterior cameras then showed BALHORN and
MLYNAREK walking towards the Senate Wing Door. Balhorn was observed dropping his
wooden club/stick on a grassy area just before approaching the Senate Wing Door.
Figure 30
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Figure 31
BALHORN is then observed returning to the grassy area to retrieve his club/stick before
he and MLYNAREK enter walk towards the Senate Wing Door.
Figure 32
U.S. Capitol Police footage from within the U.S. Capitol showed MLYNAREK and
BALHORN enter the U.S. Capitol via the Senate Wing door at approximately 2:22 p.m. EST.
MLYNAREK now had a blue facemask, with the word “Trump” on it, covering his nose and
mouth. He was also carrying a white shirt or towel. BALHORN had his face covered with a piece
of black material and was carrying his wooden club/stick.
Statement of Facts – Page 19
Figure 33
MLYNAREK and BALHORN were then observed at approximately 2:27 p.m. EST within
a large group of people inside the Crypt of the U.S. Capitol. The group then pushed their way
through Officers and into a hallway out of the Crypt at approximately 2:29 p.m.
Figure 34
MLYNAREK and BALHORN then walked upstairs to enter Statuary Hall at
approximately 2:30 p.m. They walked through Statuary Hall towards the House Chamber.
Statement of Facts – Page 20
Figure 35
MLYNAREK and BALHORN walked into the Statuary Hall Connector at approximately
2:31 p.m., which connects Statuary Hall to the entrance of the House Chambers. MLYNAREK
and BALHORN were within the crowd for several minutes before the crowd pushed past a line of
U.S. Capitol Police Officers and into the next hallway near the entrance to the House Chambers.
Figure 36
Statement of Facts – Page 21
Figure 37
A video from social media posted by “Jayden X”, which is 39:38s long, showed
BALHORN and MLYNAREK standing in the hallway behind the group of people who had just
pushed past Officers in the Statuary Hall Connector. The crowd was attempting to enter the House
Chambers doors.
Figure 38
In another video provided to the FBI, BALHORN and MLYNAREK were observed
standing in the hallway outside the House Chambers doors. MLYNAREK can be heard yelling
“Let’s go” several times toward the crowd and House Chambers doors. A few seconds later, the
crowd started shouting “Break it down!”
Statement of Facts – Page 22
Figure 39
Figure 40
At approximately 2:45 p.m. EST, as can be seen in security footage from within the U.S.
Capitol, a large plume of smoke was observed in the hallway near the House Chamber doors.
Shortly thereafter, also at 2:45 p.m., MLYNAREK and BALHORN were observed walking back
through the Statuary Hall Connector and into Statuary Hall.
Statement of Facts – Page 23
Figure 41
Figure 42
At approximately 2:46 p.m. MLYNAREK and BALHORN entered the U.S. Capitol
Rotunda. BALHORN was carrying his wooden stick/club and MLYNAREK was utilizing his cell
phone. They exited the Rotunda at 2:47 p.m. via the south door towards the Senate Wing.
Statement of Facts – Page 24
Figure 43
After they exited the Rotunda, footage showed MLYNAREK and BALHORN exiting the
U.S. Capitol via the Senate Wing door at approximately 2:50 p.m.
Figure 44
On January 13, 2022, FBI Agents attempted to interview KYLE MLYNAREK regarding
his activities at the U.S. Capitol on January 6, 2021. MLYNAREK immediately told Agents he
would not speak with anyone unless he had a lawyer present and did not wish to make any
statements. Interviewing Agents confirmed KYLE MLYNAREK was the same above-referenced
individual observed on video footage inside the U.S. Capitol.
Also on January 13, 2022, FBI Agents attempted to interview RONALD BALHORN at
his residence. Before approaching the residence, I observed an individual matching RONALD
BALHORN’s description open the side door to let a dog inside. Despite repeated attempts, no one
at the residence answered the door when Agents knocked and identified themselves. I was able to
observe BALHORN open his side door and confirm that the person I saw was the same individual
who I observed on video footage at and inside the U.S. Capitol.
Statement of Facts – Page 25
Based on the foregoing, I submit there is probable cause to believe that KYLE
MLYNAREK and RONALD BALHORN violated 18 U.S.C. 231(a)(3), which makes it unlawful
to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law
enforcement officer lawfully engaged in the lawful performance of his official duties incident to
and during the commission of a civil disorder which in any way or degree obstructs, delays, or
adversely affects commerce or the movement of any article or commodity in commerce or the
conduct or performance of any federally protected function. For purposes of Section 231 of Title
18, a federally protected function means any function, operation, or action carried out, under the
laws of the United States, by any department, agency, or instrumentality of the United States or by
an officer or employee thereof. This includes the Joint Session of Congress where the Senate and
House count Electoral College votes.
I submit that there is probable cause to believe that KYLE MLYNAREK violated 18 U.S.C.
§ 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted
building or grounds without lawful authority to do; and (2) knowingly, and with intent to impede
or disrupt the orderly conduct of Government business or official functions, engage in disorderly
or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or
so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or
official functions. For purposes of Section 1752 of Title 18, a “restricted building” includes a
posted, cordoned off, or otherwise restricted area of a building or grounds where the President or
other person protected by the Secret Service, including the Vice President, is or will be temporarily
visiting; or any building or grounds so restricted in conjunction with an event designated as a
special event of national significance.
I submit that there is probable cause to believe that RONALD BALHORN violated 18
U.S.C. § 1752(a)(1), (2), and (b)(1)(A), which makes it a crime to (1) knowingly enter or remain
in any restricted building or grounds without lawful authority to do; (2) knowingly, and with intent
to impede or disrupt the orderly conduct of Government business or official functions, engage in
disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds
when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government
business or official functions; and (b)(1)(A) to commit any of the aforementioned offenses with a
deadly or dangerous weapon or firearm. For purposes of Section 1752 of Title 18, a “restricted
building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds
where the President or other person protected by the Secret Service, including the Vice President,
is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an
event designated as a special event of national significance.
I submit there is also probable cause to believe that KYLE MLYNAREK and RONALD
BALHORN violated 40 U.S.C. § 5104(e)(2), which makes it a crime to willfully and knowingly
(D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at
any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or
