The son of a Brooklyn Supreme Court Judge was released from jail on Tuesday with a $100,000 bond and a warning to steer clear of statehouses and Washington D.C. after being arrested for his alleged participation in the attack on the Capitol last week.
Hours after his arrest by FBI agents, Aaron Mostofsky appeared in federal court on charges of allegedly breaking into the U.S. Capitol last week and stealing government property.
The 34-year-old, who was seen inside the capitol draped in fur pelts and a tactical vest, offered one word answers to the Eastern District judge, as his attorney, Jeffrey Schwartz, attempted to convince the court that his client "understands the whole thing in Washington got totally out of hand."
Federal prosecutors, meanwhile, said there was little doubt that Mostofsky participated in a "mob attack and a rampage through the U.S. Capitol."
The criminal complaint refers to a video of Mostofsky inside the capitol building, where he states that "the election was stolen," and notes that he took a police riot shield off the floor.
Because the allegedly stolen riot shield and vest are worth more than $1,000, Mostofsky faces a charge of felony theft of government property, which carries a maximum penalty of 10 years in prison. He was also charged with illegal entry into a restricted area and disorderly conduct.
Mostofsky also posted a video to Instagram with the caption "DC bound stopthesteal," according to the complaint. He later corresponded with another attendee, the filing states, writing, "If we find each other look for a guy looking like a caveman."
Mostofsky's animal pelts were confiscated by FBI agents on Tuesday morning, video posted to Twitter shows.
The alleged rioter's brother, Nachman Mostofsky, will serve as his bail custodian. Nachman, the vice president of the South Brooklyn Conservative Club and an elected district leader in the borough, also attended the rally. He initially told Gothamist that his brother was "pushed inside" the capitol, before likening the mob to Black Lives Matter protesters.
The defendant's father, Brooklyn Supreme Court Judge Schlomo Mostofsky, was not mentioned during the virtual hearing.
As part of the bail agreement, Mostofsky will also be required to wear an ankle monitor, cut off any contact with any known rioters, and secure permission from the court before leaving New York City. Assistant U.S. Attorney Josh Hafetz noted the travel restriction was "of particular importance" given that there are ongoing threats of violence against state capitols and Washington D.C. ahead of the inauguration.
"It's important that Mr. Mostofsky not engage in the behavior he engaged last week," Hafetz said.
