Attorneys for a former Army captain charged with breaching the Capitol on Jan. 6 are asking that his ankle monitor be removed because its random beeping could lead to embarrassing interactions with prospective business clients.
The GPS device also is a safety hazard, said lawyers for Gabriel Augustin Garcia, a Florida man who was arrested in January.
“The monitor has randomly started beeping loudly around potential clients, immediately followed by an embarrassing phone call from pretrial services asking for his exact location,” the lawyers said in court documents filed earlier this month.
“The monitor around his ankle is unsafe and a work hazard; he climbs ladders and the GPS monitor often gets stuck on the next ladder step when climbing; one time, he almost fell off a ladder.”
Garcia owns a Miami roofing business, Supreme Aluminum Florida, that employs 14 workers, the lawyers said in the documents.
Garcia, who is free on bond, has been charged with several crimes related to the Jan. 6 riot, including obstruction of an official proceeding and demonstrating in a Capitol building, according to the U.S. Department of Justice. He has pleaded not guilty.
According to an FBI statement of facts, Garcia uploaded videos to Facebook while inside the building during the riot.
"We just went ahead and stormed the Capitol. It's about to get ugly," Garcia says in a video, according to the document.
At another time, he encouraged people to "storm this s---," called Capitol Police officers "traitors" and while in the Rotunda said, "Nancy come out and play," according to the FBI. The latter was an apparent reference to House Speaker Nancy Pelosi.
Garcia allegedly said, "Free Enrique," an apparent reference to the criminally charged Proud Boys leader Enrique Tarrio of Miami, the FBI said.
Garcia’s lawyers said in court documents that federal prosecutors “oppose” the motion to remove the GPS monitor.
One of Garcia’s attorneys, Aubrey Webb, said in an emailed statement Friday there was "no reason" he should have to wear a GPS monitoring bracelet.
"He is neither charged with committing any violence upon anyone nor destroying any property,” Webb said. “He is a small business owner, presumed innocent, and has no criminal history.
Garcia ran for office as a Republican last year, to be a state representative in the Miami-Dade area, NBC Miami reported. He lost in the primary by more than 17 percentage points, according to state election records.