According to The Republic reporter Jordan Morey, Jon Schaffer is still being held at Marion County Jail as of Friday morning (February 5),two weeks after U.S. Magistrate for the Southern District of Indiana judge Mark Dinsmoresigned an order for the ICED EARTH guitarist to appear in D.C.'s district court.
The 52-year-old musician, who resides in in Edinburgh, Indiana, is facing six federal criminal charges after he was accused of spraying a police officer with a pepper-based bear repellant during the January 6 insurrection at the U.S. Capitol.
Schaffer waived his preliminary hearing as well as his rights to an identity hearing and production of a warrant two weeks ago in the U.S. District Court for the Southern District of Indiana, court documents state. He will soon be transported by a United States marshal to Washington, D.C. where government lawyers and Schaffer's legal team have mutually agreed to handle all proceedings.
Schaffer is entitled to a hearing on the issue of pretrial detention upon his arrival in D.C., court documents said.
Two weeks ago, government lawyers asked the judge to not offer Schaffer a bond when he goes in front of U.S. magistrate.
Schaffer must prove to the federal magistrate that he is not a threat to himself or the public before being released on bail. Others who have been charged for insurrection at the Capitol have been given bail but ordered to surrender their firearms, avoid contact with other alleged Capitol rioters and stay away from all state capitol buildings. Some other alleged rioters have been prohibited from using social media and participating in any political rallies.
Schaffer was photographed wearing an "Oath Keepers Lifetime Member" cap during the insurrection. The Oath Keepers describe themselves as an association of former law enforcement and military personnel dedicated to "support and defend the Constitution against all enemies, foreign and domestic." But the Anti-Defamation League describes it as "a large but loosely organized collection of right-wing anti-government extremists who are part of the militia movement, which believes that the federal government has been coopted by a shadowy conspiracy that is trying to strip American citizens of their rights."
Schaffer has been held in the Marion County Jail since surrendering to police on January 17. He made his first court appearance the following day.
Authorities say Schaffer was photographed and seen on surveillance video carrying a pepper-based bear repellant and arguing with Capitol Police officers inside the Capitol.
Just hours after the insurrection, ICED EARTH fans recognized Schaffer in a photo released by federal investigators in which he could be seen at the front of a mob, wearing black leather fingerless tactical gloves and pointing his finger while yelling at someone out of the frame.
Schaffer is believed to be one of at least 400 people who are being investigated by FBI officials over their roles in the insurrection.
More than 180 criminal cases have been filed so far. Charges include unauthorized access, theft, damage to government property and assault on law enforcement officers.
While Schaffer has not yet said anything publicly about his involvement in the riot, his ICED EARTH bandmates put out a statement on Instagram and Facebook opposing the insurrection.
"We absolutely DO NOT condone nor do we support riots or the acts of violence that the rioters were involved in on January 6th at the US Capitol building," they wrote. "We hope that all those involved that day are brought to justice to be investigated and answer for their actions."
Earlier last month, German daily newspaper Die Welt uploaded a video interview it conducted with Schaffer last November at a Washington, D.C. demonstration supporting Trump and protesting the 2020 presidential election results. In the chat, the guitarist said that "a group of thugs and criminals hijacked this country a long time ago" and warned that "they're messing with the wrong people here. Because now we see you, and you're going down. Mark my words."
Schaffer also seemingly threw his support behind Trump, saying "he's not your typical Republican" and claiming that America's 45th president is "dealing with a criminal mafia that has been in the shadows running the world, frankly, for a very long time. They wanna destroy all of our sovereignty and bring about global government," he added. "We're not having it… It will not happen. There will be a lot of blood shed, if it comes down to that — trust me. The American people will not go for that bullshit — once they understand what's actually happening. So, that's where we're at. Nobody wants this, but they're pushing us to a point where we have no choice."