In his own brief opening statement, Mr. Reffitt’s lawyer, William L. Welch, played down the confrontation with police, saying that his client had never assaulted any officers or helped anyone assault them. While Mr. Welch admitted that Mr. Reffitt was prone to “rants” and “hyperbole,” he insisted that he was not aggressive.
“This case has been a rush to judgment,” Mr. Welch said, “based on bragging, based on a lot of hype.”
The first witness in the trial, Shauni Kerkhoff, a former Capitol Police officer, appeared to contradict Mr. Welch’s description of Mr. Reffitt. While watching a surveillance camera video of her standoff with Mr. Reffitt, Ms. Kerkhoff told the jury that after he moved toward her up the staircase, disobeying her commands, she used a Tippmann PepperBall Launcher to fire 40 to 50 projectiles.
That did little to slow him down, she recalled. Mr. Reffitt was also undeterred by larger projectiles fired by her partner and by pepper spray used by a third officer.
At that point, Ms. Kerkhoff made a panicked call for help on her radio.
“We have an individual breaching the west terrace, breaching the west terrace up the stairs,” she called out in a breathless message played for the jury. “We need backup.”
After more than 200 guilty pleas in Jan. 6-related cases, Mr. Reffitt’s is the first to reach a courtroom and marks the first time a jury will consider the legal theory under which the government has charged hundreds of defendants.