WASHINGTON, D.C. – A Cocoa Beach man facing charges stemming from the attack on the U.S. Capitol asked a federal judge to delay the start of his trial because his brother refuses to testify in his defense.
On Sunday, Dillion Homol’s attorney submitted a motion to delay the start of his trial, which was scheduled to begin today.
According to William DeVinney’s motion Homol’s brother, David, was refusing to testify on his brother’s behalf after learning prosecutors had evidence that he was also inside the U.S. Capitol.
“The government initially indicated it had no evidence David Homol entered any restricted area on January 6, 2021,” the motion read. “On Friday, however, after learning that David Homol would be a witness for the defense, the government informed David Homol’s attorney that it had discovered evidence David Homol had entered restricted zones on the Capitol grounds. As of this filing, neither David Homol nor his attorney has seen this evidence. At this point, David Homol’s attorney has advised him to assert his Fifth Amendment right and not testify on Dillon Homol’s behalf.”
Prosecutors fired back in their motion arguing against a delay.
“The defense had the evidence detailing David’s whereabouts for as long as the government has, and no doubt the defendant and his brother have had that information since the afternoon of January 6, 2021,” their rebuttal read. “As soon as the government learned that David would be a witness and realized he was with the defendant on the restricted Capitol grounds, the government timely advised all parties involved—precisely to avoid any surprises at trial. There are no facts or law that will change between now and any date in the future that necessitates a continuance here.”
FBI agents arrested Homol in March 2021, two months after hundreds of people stormed the U.S. Capitol while legislators were certifying the results of the presidential election.
Investigators claimed some of Homol’s former classmates reported him after they saw pictures and video showing him inside the Capitol on social media.
During a hearing on Monday morning, Judge Jia M. Cobb granted the delay, and scheduled Homol’s trial to begin on Wednesday.