Ayala, who as confirmed to the state board last May, was arrested Tuesday by the FBI in Maryland and made an initial appearance in the District of Columbia, according to court records. He was released on personal recognizance and must ask for permission to leave the state of Maryland pending trial. He cannot possess firearms while out on bail.
Ayala is being represented by James Trusty, a former attorney for Donald Trump. Trusty could not be immediately reached on Thursday morning.
According to allegations contained in a 13-page charging document, Ayala was identified as being part of a group of rioters illegally gathered on restricted Capitol grounds near the scaffolding erected for the inauguration of then-President-elect Biden, which was scheduled for Jan. 20, 2021. Federal officials say Ayala wore a sweatshirt hood cinched tightly around his head, a grey 3M-style painter's mask with large filters on each cheek, and, at times, carried a distinctive black and white flag affixed to a PVC pipe flagpole bearing the words "We the People" and "DEFEND." An image of an M-16-style rifle was featured prominently on the flag.
The Justice Department said Ayala is seen on video footage climbing over police barricades and making his way to the Upper West Terrace of the Capitol as rioters overran the police lines on the stairs adjacent to the scaffolding. Ayala then moved toward the front of the crowd gathered outside a door on the Senate side of the Capitol. Security footage from inside the Capitol, near the Senate side door, allegedly shows Ayala waving his flag inside one of the windows next to the door.
Although a U.S. Capitol Police officer motioned Ayala away from the window, Ayala allegedly then moved toward the Senate Wing door, which had been previously breached by rioters and where officers had erected a makeshift barricade. Video footage taken from inside the Capitol building shows a rioter positioned to the right side of the Senate wing door, the same area where Ayala was present, jabbing a flag and flagpole at a Capitol Police officer. The officer then grabbed the flagpole and pulled the flag into the building to prevent the rioter from knocking the officer's shield away or injuring other officers.
Court documents state that the flag matched the description of Ayala's flag, which he was holding moments before.
Minutes later, body-worn camera footage shows that Ayala paced in front of officers who had assembled on the Upper West Terrace to clear rioters from the area, the charging document contends. Ayala walked the length of the police line, gestured at the officers, and said, "Join us!"
The alleged crimes Ayala is accused of include knowingly entering a restricted building, impeding the orderly conduct of government business, disorderly conduct in a Capitol building, and obstructing federal law enforcement authorities during civil disorder.
The case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section, and the DOJ said the U.S. Attorney's Office for Maryland provided "valuable assistance."
The case is being investigated by the FBI's Baltimore and Washington field offices, with "valuable assistance" from the U.S. Capitol Police and the Metropolitan Police Department.
Ayala was appointed to the state Board of Elections last year by Gov. Wes Moore (D) following a recommendation by the Maryland Republican Party, and won state Senate confirmation after the governor rejected one GOP pick for the board and the Senate rejected another.
Moore rejected the state GOP's nomination of William T. Newton last year, asserting that the frequent Republican candidate did "not meet our internal vetting standards."
The governor cited Newton's rejection of the outcome of the 2020 presidential election and a guilty plea involving "a crime of moral turpitude."
Newton pleaded guilty in 2019 to charges of misdemeanor embezzlement in a case involving his mother. Newton was sentenced to probation before judgment contingent on paying $16,495 in restitution in installments of $100 per month.
The Senate last year also rejected the nomination of Christine McCloud, a Howard County hypnotherapist whose election experience was limited to working for one candidate at a poll in the 2022 election.
Ayala is serving a four-year term on the elections board, due to expire in 2027.
According to a report on Ayala's arrest from WBOV-TV in Salisbury, Ayala is a former vice president at Perdue Farms in Salisbury whose mother was married to Frank Perdue, the former president and CEO of Perdue Farms, in the late 1980s.
Ayala is also currently listed as a member of the Administrative Charging Committee of the Law Enforcement Review Board of Wicomico County, WBOC reported. County Executive Julie Giordano (R) told the TV station she did not appoint Ayala to the board.
The DOJ said this week that more than 1,265 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. Multiple investigations are continuing.
This breaking news story will be updated. Danielle E. Gaines contributed to this report.
