Son of Brooklyn judge charged after Capitol break-in, sources and document say
Supporters of President Donald Trump, including Aaron Mostofsky, right, walk down the stairs outside the Senate Chamber in the U.S. Capitol on Jan. 6, 2021. Credit: AP / Manuel Balce Ceneta
The son of a Brooklyn State Supreme Court justice was released on $100,000 bond Tuesday after being arrested Tuesday by FBI agents and charged with participating in the break-in at the United States Capitol last week.
Aaron Mostofsky, 34, of Brooklyn, the son of New York State Supreme Court Justice Steven Mostofsky, was released on electronic monitoring at the federal District Court in Brooklyn, pending further hearings.
Also, Tuesday a suspended MTA worker was arrested by FBI agents in Westchester County for taking part in the Capitol break-in, officials said.
Will Pepe was suspended after he had allegedly called in sick on a day he was supposed to be working, but was seen in Washington during the Capitol riot, according to officials.
Pepe is scheduled to have a hearing in federal district court in White Plains Wednesday on charges growing out of his participation in the break-in that were filed in the federal district court in Washington, according to Southern District spokesman James Margolin.
The younger Mostofsky was seen inside the Capitol during the break-in by supporters of President Donald Trump in widely circulated pictures, wearing what appeared to be fur pelts and a bullet-proof Washington, D.C., police vest, and carrying a district police shield and a wooden walking stick.
Beforehand, Aaron Mostofsky sent a message to a friend saying: "If we find each other look for a guy looking like a caveman…Even a caveman knows the election was stolen," an FBI agent wrote in a federal complaint.
Demonstrators attempt to enter the U.S. Capitol building during a protest in Washington, D.C. on Wednesday. Credit: Bloomberg/Eric Lee
The agent added that when a friend told the younger Mostofsky that because of the online picture, he was now famous, he replied "unfortunately…Cause now people actually know me."
The FBI agent also said in the complaint that Aaron Mostofsky wrote on his Facebook account after the congressional election in 2018: "Since the republicans lost the house I have the following questions 1 when and where are we protesting/rioting…."
Aaron Mostofsky was charged with four counts, including theft of government property; unlawful entry and disorderly conduct; knowingly entering or remaining in any restricted building or grounds without lawful authority; and knowingly with intent to impede government buildings or officials functions, engaging in disorderly conduct on Capitol grounds.
He was not required to enter a plea to the charges, and the purpose of the Brooklyn hearing was to see if he would oppose his removal to District Court in Washington, D.C. He did not.
His attorney, Jeffrey Schwartz, of Manhattan, said during the Brooklyn hearing, that his client "was not part of any mob…not rampaging…he just got caught up in it."
If convicted Aaron Mostofsky could be sentenced up to 10 years in prison.
The Washington district court system is where both federal and local charges growing out of the break-in have so far been scheduled to be heard.
The theft charge involves U.S. Capitol Police equipment Aaron Mostofsky was photographed wearing or holding inside the Capitol. The equipment was a police bullet-proof vest valued at $1,905, and a police riot shield, valued at $256.65, according to the complaint.
The cost of the equipment goes over the $1,000 requirement for a federal felony charge.
After the photos emerged online, Aaron Mostofsky told the New York Post that he felt "we were cheated" in the election.
"I don’t think 75 million people voted for Trump — I think it was close to 85 million," he said in his interview with the Post. "I think certain states that have been red for a long time turned blue and were stolen, like New York."
The arrest was part of an ongoing roundup around the country by FBI agents of people who allegedly took part in the Capitol riot. The effort was spearheaded by the United States Attorney’s office in Washington, D.C., with the assistance of other United States Attorney’s office around the country, including the Eastern District one, which covers Brooklyn, Long Island, Queens and Staten Island.
As of Sunday, 13 people have been charged in federal court in Washington with crimes committed in the Capitol riot, and 40 people in the local district court, according to the Justice Department.
Dozens of people are still being sought for their role in the break in, according to sources.
Bob Kessler covers federal law, including law enforcement agencies such as the FBI, DEA, IRS and ATF, as well as the federal courts.
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