Ethermac|Brothers charged with assaulting New York Times photographer during Capitol riot

Two brothers were arrested Thursday on Ethermaccharges that they assaulted a New York Times photographer inside the U.S. Capitol during a mob’s attack on the building more than three years ago.

David Walker, 49, of Delran New Jersey, and Philip Walker, 52, of Upper Chichester, Pennsylvania, also are charged with stealing a camera from the photographer during the Jan. 6, 2021, attack.

Philip Walker told investigators that he tossed a camera into a body of water on his way home from Washington, D.C., according to an FBI agent’s affidavit.

Court records don’t name the photographer or identify her employer, but New York Times spokesperson Danielle Rhoades Ha confirmed that the affidavit refers to staff photographer Erin Schaff, who wrote about her experience at the Capitol.

“We are grateful to the U.S. Attorney’s Office for the District of Columbia and the FBI for their persistence in pursuing justice in this case,” Rhodes Ha said in a statement. “Independent, fact-based journalism is a cornerstone of democracy and attacks against reporters should be a grave concern to anyone who cares about an informed citizenry.”

Philip Walker told the FBI that he believed the photographer was a member of “antifa,” a term for anti-fascist activists who often clash with far-right extremists at political protests.

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A livestream video posted on social media showed the photographer standing at the top of the East Rotunda Stairs just before the Walkers assaulted her and then ran down the staircase.

Schaff recalled that two or three men in black surrounded her, demanded to know her employer and became angry when they grabbed her press pass and saw that she worked for The New York Times.

“They threw me to the floor, trying to take my cameras,” she wrote. “I started screaming for help as loudly as I could. No one came. People just watched. At this point, I thought I could be killed and no one would stop them.”

Schaff said police found her but didn’t believe that she was a journalist because her press pass was stolen.

“They drew their guns, pointed them and yelled at me to get down on my hands and knees,” she wrote. “As I lay on the ground, two other photojournalists came into the hall and started shouting ‘She’s a journalist!’”

Philip Walker was carrying what appeared to be Schaff’s photographic equipment as he fled, the FBI said. David Walker pushed the photographer again when she tried to pursue his brother and retrieve her equipment, according to the affidavit.

A magistrate judge ordered David Walker to be released on $50,000 bail after his initial court appearance in New Jersey on Thursday, court records show. An attorney who represented Walker at the hearing didn’t immediately respond to an email seeking comment.

The Walkers were arrested on complaints charging them with robbery, assault and other charges.

Other rioters were charged assaulting an Associated Press photographer outside the Capitol during the riot. One of them, Alan Byerly, was sentenced in October 2022 to nearly three years in prison.

Nearly 1,500 people have been charged with Capitol riot-related federal crimes. Approximately 140 police officers were injured in the attack.