A federal judge tossed charges against a New York man accused in the Capitol riot — the first out of hundreds of cases to fall apart due to lack of evidence.
Prosecutors wrote to the Washington, DC, judge on Tuesday asking to drop charges against Christopher Kelly, a New York City resident who was captured in a viral photo near the US Capitol, shirtless and holding an American flag, according to court documents.
Kelly was busted in January after the FBI said it obtained information from a paid informant that showed he had taken a photo from inside the Capitol building during the Jan. 6 siege.
Kelly also allegedly boasted to several friends in a Facebook messaging group that he was in the nation’s capital that day with “ex NYPD and some proud boys,” according to charging documents.
The charging documents included the viral photo that showed a shirtless Kelly holding an American flag near the