Mississippi Father and Son Convicted of Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach

Press Release

WASHINGTON - A father and son from Mississippi were convicted of felony and misdemeanor charges related to their conduct during the Jan. 6, 2021, breach of the U.S. Capitol. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Toney Sheldon Bray, 46, and Ethan Bray, 25, both of Blue Springs, Mississippi, were found guilty on Oct. 4, 2024, of a felony charge of civil disorder and a misdemeanor charge of disorderly and disruptive conduct in a restricted building or grounds following a bench trial before by U.S. District Judge Rudolph Contreras.

Prior to trial, Toney Bray entered an open guilty plea to three misdemeanor counts of theft of government property, entering and remaining in a restricted building or grounds, and parading, demonstrating, or picketing in a Capitol building. Ethan Bray pled guilty to two misdemeanor counts of entering and remaining in a restricted building or grounds and parading, demonstrating, or picketing in a Capitol building.

Judge Contreras will sentence the two men on Feb. 7, 2025.

According to evidence presented during the trial, on Jan. 6, 2021, the defendants dressed in military-style gear, including tactical helmets, vests, and goggles, and were part of the initial breach of police barricades at approximately 12:53 p.m. at Peace Circle, located at Pennsylvania Avenue NW and First Street NW. Specifically, Ethan and Tony Bray pushed and climbed over the police barriers.

As the Brays and other rioters approached the first set of barricades, "AREA CLOSED" signs were affixed to the barriers. The Brays were among the first to confront law enforcement on the staircase under scaffolding leading from the West Plaza to the Lower West Terrace. They entered the U.S. Capitol Building at approximately 2:22 p.m. through the Senate Wing Door and moved toward the Crypt, as captured on Capitol CCTV footage. At the time they entered the Capitol, the Brays were wearing gas masks.

The Brays were captured on CCTV in the Crypt at approximately 2:24 p.m. After exiting the Crypt, the Brays moved to the Rotunda, where they were again captured in an open-source photo and Capitol CCTV at approximately 2:36 p.m. While inside, the Brays joined a group of rioters who confronted a line of police officers in a hallway that led to the Senate Chamber. The rioters engaged in a concerted push against police, and were rebuffed when police used OC spray to push them back. After moving between the hallway and the Rotunda for some time, the Brays ultimately exited through the Rotunda doors leading to the East Front of the Capitol at approximately 2:54 p.m.

In total, the Brays were inside the Capitol from approximately 2:22 p.m. until 2:54 p.m., for a total of 32 minutes. After leaving the Rotunda, open-source and Capitol CCTV footage captured Toney Bray carrying a U.S. Capitol Police riot shield. The elder Bray still had the shield after exiting the Capitol building.

The FBI arrested the two men on June 8, 2023.

This case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney's Office for the Northern District of Mississippi.

The case is being investigated by the FBI's Jackson and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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Updated October 7, 2024