WASHINGTON, D.C. (WHNT) — The U.S. District Attorney’s Office is asking the court to dismiss the case against a North Alabama man facing numerous charges related to the January 6, 2021, Capitol Siege.

According to a document filed on Monday, prosecutors are asking for all charges against Madison resident Dillon Colby Herrington to be dropped “without prejudice.”

Herrington was accused of throwing a 4-by-4 piece of lumber at police and hurling a police barricade as part of charges that allege he impeded and intimidated law enforcement.

Nicknamed “MAGA Lumberjack” online, he was facing six counts:

  • Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority
  • Disorderly and Disruptive Conduct in a Restricted Building or Grounds
  • Knowingly Engaging in any act of Physical Violence Against any Person or Property in a Restricted Building
  • Willfully and Knowingly Engaging in an act of Physical Violence in the Grounds of the Capitol Building
  • Committing or Attempting any act to Obstruct, Impede or Interfere with Law Enforcement in Performance of his Official Duties
  • Forcibly Assaulting, Resisting, Opposing, Impeding, Intimidating, or Interfering with Law Enforcement.

Prosecutors initially said they planned to seek felony charges against Herrington and had expected to present their evidence to a grand jury for indictment.

In March 2022, lawyers for Herrington asked for a continuance – which was granted – on the basis that they were, “actively engaging in plea discussions” with federal prosecutors, though his attorneys said no formal deal had been offered at that time.

Because the case was filed “without prejudice,” the government would have the ability to refile the case in the future if the current charges are dropped.