Court to consider insanity defense for Oklahoma Army veteran charged in Capitol riot

OKLAHOMA CITY, Okla. — On Thursday, a court will consider an insanity defense for an Oklahoma Army veteran charged in the Capitol insurrection on Jan. 6, 2021.

Benjamen Burlew of Miami, Okla. faces the most serious charges against any of the Oklahomans charged in the riot at the U.S. Capitol for allegedly assaulting a photographer. Now, his attorney questions his sanity to stand trial this fall.

Burlew faces felony and misdemeanor charges for assaulting an Associated Press photographer during the Jan. 6 insurrection. Stills from a body-worn camera that day show Burlew pushing the photographer off a wall several feet tall and watching him plummet to the ground.

Last week, his attorney motioned for the judge to have Burlew mentally evaluated to stand trial. In the written motion, his attorney said Burlew has increasingly displayed signs of being mentally disconnected and doesn’t understand the gravity of his legal circumstances.

Court documents show Burlew suffered a traumatic brain injury during his time as a ranger in the Army. He was diagnosed with PTSD one month before the insurrection.

The motion said Burlew is currently on disability and his status was upgraded last month due to “deteriorating conditions.”

Of the nine Oklahomans charged in the riot, five have pleaded guilty with one awaiting sentencing. The remaining four await their upcoming trial.

More than 870 people have been charged in the insurrection.

Burlew is scheduled for a status hearing on Thursday.

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