Ex-Shaler substitute charged in Capitol riot chooses trial by judge, not jury

A former Army Ranger and substitute teacher in the Shaler Area School District charged with participating in the Jan. 6 Capitol riot has chosen to have a bench trial at the end of this month.

Robert Morss, who was originally scheduled to have a jury trial in late August, filed a waiver of that right on Monday in U.S. District Court. He was joined in that motion by three co-defendants.

The men will now have their case heard by U.S. District Judge Trevor N. McFadden.

The trial is set to being on Aug. 29.

Morss, who has remained in custody since his arrest, filed a motion for a change of venue in the case, arguing that he didn’t believe a fair jury could be picked in the nation’s capital because of pre-trial publicity — and particularly the Jan. 6 committee hearings investigating the attack.

However, McFadden denied their request.

Morss is accused of attacking a police line in the Lower West Tunnel at the Capitol that afternoon and helping to organize a shield wall. The government also said he fought with officers over control of a flag police and tried to rip a baton and helmet visor away from officers.

The government consented to the bench trial.

According to the Department of Justice, more than 860 people have been charged in the Jan. 6 attack including at least 17 people from Western Pennsylvania.

Of those, 353 people have pleaded guilty — 283 of those to misdemeanors and 70 to felonies.

Twenty-five people have pleaded guilty to felonies of assaulting law enforcement officers.

Of those who have pleaded to felonies, 18 people have been sentenced to prison.

Twelve people who had jury trials, DOJ said, were found guilty.