A Farmingdale man is the latest person from Long Island arrested by FBI agents for being in the mob that breached the U.S. Capitol in January, federal officials said Tuesday.
Greg Rubenacker, 25, a musician, was among a group that was apparently smoking marijuana in the Capitol rotunda, after illegally entering the building, according to papers filed by officials in federal court in Central Islip.
Rubenacker recorded a number of videos of himself and others either inside the building or on the Capitol grounds on the day of the breach, officials said in the papers.
In one video, labelled "America is [expletive]," it is apparently Rubenacker’s voice heard saying, "Holy [expletive]! This is History! We took the Capitol!, " officials said.
In another, Rubenacker pans around a group he is with in the Capitol rotunda, "smoking what appears to be a marijuana cigarette," and says: "Smoke out the Capitol, baby," officials say.
As that scene continues, officials say, one of the other people in the rotunda group asks: "How many joints we have?" and Rubenacker replies, "Hell, yeah."
The FBI was initially tipped off to Rubenacker’s actions by an unidentified person who went to school with Rubenacker and saw the recordings he had posted on Snapchat, the papers said.
Rubenacker was arrested on charges of entering a restricted building and committing disorderly or disruptive conduct that "impedes or disrupts the orderly conduct of government business," according to the court papers. The charges are misdemeanors.
A removal hearing was held for Rubenacker Tuesday afternoon telephonically at the federal court in Central Islip, at the same time as the impeachment trial was going on in Washingtom for former President Donald Trump for allegedly inciting the Capitol insurrection.
Rubenacker was not required to enter a plea at the Central Islip hearing.
Magistrate Steven Locke released Rubenacker on $50,000 bond, with conditions that he get a psychological evaluation, and not associate with anyone allegedly involved in the breach. Locke also restricted Rubenacker’s travel to within New York City and Long Island, and to Washington.
The federal Capitol cases are being prosecuted at the federal court in Washington.
The purpose of the removal hearing was to insure Rubenacker was the Long Island person sought by federal officials in Washington, and that he would show up in the District of Columbia for the continuation of the case.
Rubenacker was the fourth person from Long Island, among the more than 200 arrested, by federal agents across the country that have been charged with taking part in the Capitol breach.
Rubenacker’s attorney, Michaelangelo Matera, of Melville, said afterward that his client should not be pre-judged.
"Wait until all the evidence comes out," Matera said.
John Marzulli, a spokesman for Assistant United States Attorney Olatokunbo Olaniyan, the prosecutor in the case, declined to comment.
Five people, including a Capitol police officer, died during the insurrection on Jan. 6.