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WASHINGTON - The first Capitol riot trial is now underway in D.C. and legal experts say it could set the stage for hundreds of cases to come.
Guy Reffitt, of Wylie, Texas, is facing five felony counts and if convicted could be sentenced to over two decades in prison.
Jury selection began Monday in U.S. District Court. Reffitt’s own children are expected to testify.
New photos of Capitol riot suspects released by FBI
In an interview last year, Reffitt’s son, Jackson, told FOX 5’s Lindsay Watts that his father threatened him and his sister after returning from D.C. on Jan. 6.
"He was going off about, ‘Choose a side or die,’" Jackson said. "That’s the words he was using with me and my sister, ‘Choose a side or die. If you’re a traitor, traitors get shot.’"
Jackson said his father warned them not to tell anyone about his actions in D.C.
Reffitt, an alleged member of the Three Percenters militia group, has remained in jail since the FBI arrested him at his home following the riot. Reffitt is not accused of going inside the Capitol on Jan. 6 but charging toward a police line outside with a gun. He was broadcast on FOX News flushing his eyes after apparently being sprayed by a chemical irritant. Reffitt’s charges include a count of obstructing justice for the alleged threats to his kids.
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"This is the first case in what’s got to be the largest investigation of criminal acts in the history of the country," said Stephen Saltzburg, a law professor at The George Washington University.
Saltzburg said Reffitt’s trial will be watched closely by other Capitol riot defendants considering whether to plead guilty.
"I think if he were to be acquitted, I think there would be a feeling of, ‘Maybe I should hold out,’" Saltzburg said. "If he loses big time, I think there will be pressure on other defendants to get this over with and to plead."
There are reportedly about 375 cases still pending.
Nicole Reffitt, Guy’s wife, has said what happened tore apart her family.
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"We were a party of five, and that’s been fractured," Nicole said in an interview following her husband’s arrest. "I’m dealing with both sides of it. My husband being gone, my son being gone. It’s just a hard thing, all over politics."
Nicole said Monday that it was good to see her husband in court for the first time in over a year. She said she hasn’t seen Jackson either and looks forward to seeing him after he testifies.
Listen to the full interviews in FOX 5’s Siege on Democracy Podcast Episode 5: A House Divided.