A Kansas member of the Proud Boys, jailed since his February 11th arrest for his participation in the January 6th domestic terrorist attack on the Capitol, has petitioned the court for his release, claiming that he is at risk of losing disability payments for a work-related injury, the Kansas City Star reports.

Though 47-year-old William Chrestman of Olathe, Kansas was filmed at the Capitol on January 6th mingling with other Proud Boys members, wielding an axe handle and threatening Capitol Police, his attorney claimed that there is not sufficient evidence to suggest that he was actually at the attack, that he participated and/or that he helped organize it.  Instead, his lawyer claims, the other people he was arrested with played a much bigger part, and they have all been released on their own recognisance.

“In the materials already submitted by the government, and in materials provided to the defense in discovery, it is strikingly obvious there is no evidence that Mr. Chrestman plays any role in any concerted operation alleged to have been occurring that day,” said the motion, submitted by attorney Peter A. Cooper, who claimed Chrestman was not a danger to society.

Cooper told the court that prolonged incarceration would mean that Chrestman would not receive his Medicare disability check, which he allegedly qualified for due to an injury sustained at his old job as a sheetmetal worker which resulted in “long-term chronic back pain” and a “proper regimen of pain medications” which Chrestman was not receiving in prison.  Chrestman was receiving treatment at a VA facility, his lawyer said.  Although it was not stated by Chrestman’s counsel, the pain treatments seemed to be effective enough for Chrestman to march to the Capitol and threaten police officers with an axe handle.

Further, Cooper stated, the loss of the disability check would likely lead to the eviction of Chrestman, his domestic partner and their six children.  “The residence he shares with his common-law partner … and their six children is in danger of foreclosure, placing the whole nuclear family in jeopardy of homelessness.”

A date to hear the motion has yet to be set.