Jun 4, 2021 4 min read

The lawyers for two former Washington County residents accused of participating in the Jan. 6 attack on the U.S. Capitol are in the process of negotiating a plea deal with federal prosecutors, court documents indicate.

Philip “Flip” Vogel II and Debra J. Maimone, who were allegedly seen on surveillance video inside the Capitol building during the insurrection, are currently “engaged in preliminary and good faith plea negotiations” with the government, according to a recent court filing.

The joint filing requested a 90-day continuance of a May 25 status hearing to give both sides time to negotiate terms of the plea deal, while also allowing the U.S. Department of Justice to turn over closed circuit surveillance video from inside the Capitol to the couple’s lawyers.

“At this time, the parties believe that this case will be able to be resolved with a plea agreement and without a jury trial,” the joint filing states.

Assistant U.S. Attorney Sean Patrick Murphy, who is prosecuting the case against the couple, declined to comment Thursday. Maimone’s federal public defender, Cara Kurtz Halverson, also declined to comment due to it being an “ongoing criminal case,” while Vogel’s lawyer, Allen Howard Orenberg, did not return a phone message seeking comment.

The two sides are scheduled to meet again in federal court Aug. 24 for another status hearing on the case.

Vogel, 33, is originally from Houston, while his fiancée, Maimone, 27, has previous ties to the Burgettstown area. The couple were living in New Castle when they were charged March 12 with theft of government property; entering a restricted building; disorderly and disruptive conduct in a restricted building; violent entry and disorderly conduct in a Capitol Building; and parading, demonstrating or picketing in a Capitol Building. Both are free on $10,000 unsecured bond and were allowed to return to their home in New Castle.

Maimone allegedly posted a video on her Parler social media page of the couple walking inside the Crypt area of the Capitol building, according to court documents. Vogel is seen kicking in an office door while Maimone later put on a gas mask for protection, investigators said. They were also seen rummaging through a bag filled with police gear and taking “escape hood” masks that are typically worn by lawmakers during an emergency, according to court documents.

Vogel and Maimone are among the more than 400 people facing charges in connection with the Jan. 6 insurrection – including several Western Pennsylvania residents – when supporters of former president Donald Trump stormed the Capitol in an ill-fated attempt to disrupt Congress from certifying the election for President Joe Biden. In the five months since the assault on Congress, only one person, Oath Keepers member Jon Ryan Schaffer of Indiana, has reached an agreement to plead guilty, although deals are reportedly in the works with several other defendants.

“The investigation and prosecution of the Capitol Attack will likely be one of the largest in American history, both in terms of the number of defendants prosecuted and the nature and volume of the evidence,” the government wrote in its joint filing in the case against Vogel and Maimone.

Federal investigators said they have received more than 210,000 tips in the case and executed more than 1,300 search warrants in the past five months. Investigators indicated there continues to be an “ongoing investigation of many other individuals” that could lead to more people being charged in the attack.

“As the Capitol Attack investigation is still ongoing, the number of defendants charged, and the volume of potentially discoverable materials will only continue to grow,” according to the legal filing.