A federal magistrate judge Monday denied Kevin Douglas Creek’s request for bond, citing his failure to show contrition for his alleged role in the Jan. 6 attack on the U.S. Capitol.
Judge Linda T. Walker said Creek, a 46-year-old former Marine, displayed disregard for the rule of law when he allegedly hit and kicked police officers in intense fighting on the Capitol’s West Terrace.
“What really got me is the lack of remorse,” she said. According to court records, when Creek was asked by an FBI agent if he regretted his behavior, he replied, “50/50.”
Creek’s attorney, David Joyner, said he would appeal to have the bond ruling overturned. Creek faces seven different felony and misdemeanor charges and could face up to 10 years in prison if convicted.
Creek, the 11th Georgia suspect in the Capitol riot to be arrested out of more than 450 nationwide, came into the small courtroom in downtown Atlanta in handcuffs and wearing an orange prison jumpsuit and a disposable mask. A court officer scolded him as he removed the handcuffs.
“Next time, just follow me,” the officer said. “Don’t deviate.”
“I’m new to this,” Creek replied.
“You’re a grown up,” the officer said. “When I say follow me, just follow me.”
Creek is a roofing contractor and father of two whose suburban neighborhood of upscale homes straddles the line between Alpharetta and Johns Creek. He did not speak in court, but appeared to listen attentively, blinking away tears after the judge denied his bond and the handcuffs were put back on.
According to United States Assistant Attorney Ryan Buchanan, the FBI received a tip on Jan. 10 from a healthcare provider at Northside Hospital Forsyth in Cumming identifying Creek as a possible suspect in the unrest. Creek reportedly came to the hospital seeking treatment for exposure to tear gas during the riot and spoke about his participation.
In an interview with the FBI in his lawyer’s office, Creek admitted to participating in the riot and to carrying mace and a knife in his boot, Buchanan said.
“He conveniently did not remember assaulting any of the officers,” he said.
The prosecution produced still images from police body cameras they said showed Creek striking and kicking police officers outside the Capitol.
Federal prosecutors have often requested Jan. 6 suspect be held without bond, especially when they are accused of assaulting police who were defending the Capitol. However, many of those initial judgments have been overturned. Several Georgia defendants initially were held without bond, but have since been released to partial home confinement.
Buchanan claimed Creek, who served in the Marine Corps in the 1990s, is a flight risk and a continued danger to the community. His alleged actions on Jan. 6 were an attempt to overturn the 2020 presidential election by force and “create an additional set of facts” contrary to the truth, Buchanan said. There was nothing to indicate he would not continue that behavior if allowed out on bond, he said.
Joyner said his client was not a flight risk and was aware he was under surveillance and on a TSA watch list before he was arrested. He said Creek fully cooperated with the FBI investigation despite facing multiple felony charges, and even provided his cell phone and the code to unlock it.
Creek does not have a criminal record, and Joyner said under similar circumstances, he would expect such a defendant to be released without a cash bond while they await trial. Joyner said his client was willing to post a $10,000 bond and comply with additional restrictions.
Walker was unmoved, saying she could not guarantee that someone who was unapologetic about his alleged participation in an insurrection would refrain from doing something similar if released.
“This may be the beginning of what is to come,” she said. “I’m going to leave that vague.”
Editor’s note: AJC reporter Chris Joyner and defense attorney David Joyner are not related.
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