Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury returned a four-count indictment charging Brandon Michael Althof Long, age 23, and Devon Bryce Poland, age 22, both of Erie, Pennsylvania with one count each of conspiracy to riot and cause civil disorder, conspiracy to use fire to commit a felony, interstate travel to riot and transporting any firearm in furtherance of civil disorder.

“Today’s indictment alleges that these two defendants traveled across state lines not to engage in Constitutionally protected free speech, but with the intent to burn and loot downtown Cleveland,” said U.S. Attorney Justin Herdman. “The men and women of the Justice Department, working with our state and local partners, are committed to holding accountable anyone responsible for the numerous criminal actions that occurred in Cleveland on May 30.  This indictment represents the first of such federal charges filed in this district, but they are not expected to be the last.”

“The indictments of Mr. Poland and Mr. Long mark just the beginning of our combined law enforcement effort to identify, locate, and apprehend those who exploited a peaceful protest for their personal, but very short-term, gain,” said FBI SAC Eric B. Smith. “The FBI, along with all of our federal, state, and local partners, will not cease in our efforts to bring those responsible for May 30th's carnage to justice.  We continue to review every available photo, video, and social media posting to piece together the violent activity that occurred in Cleveland, and to identify those who had a hand in making it happen."

According to the indictment, on May 30, 2020, Long and Poland drove to the city of Cleveland with the intent to participate in a riot and commit acts of violence.  Long and Poland were arrested near the intersection of East 8th Street, an alleyway, and Huron Avenue in downtown Cleveland, Ohio, in possession of a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint and a glass bottle of liquor with a bar-style pour top.  A Glock semi-automatic firearm and two magazines loaded with ammunition were also located in their vehicle.

On May 31st, The FBI executed a search warrant on iPhones found in the defendant’s vehicle and reviewed messages between Long and Poland that contain statements that demonstrate an intent by Long and Poland to travel from Pennsylvania to Cleveland, Ohio on May 30, 2020, to participate in, promote, encourage, and aid and abet the criminal riots. In these messages, the defendants discuss bringing with them supplies for an incendiary device, looting and rioting.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

This case is being investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Duncan Brown.

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Brandon Michael Althof Long, age 23, and Devon Bryce Poland, age 22, both of Erie, Pennsylvania were arrested today without incident by law enforcement. Agents from the Cleveland Division of FBI arrested both Long and Poland in Erie, Pennsylvania at approximately 6:00 AM.

Long and Poland were charged via criminal complaint today in a federal court in the Northern District of Ohio on charges of engaging and conspiring to engage in interstate travel with a firearm with the intent to use fire to participate in civil unrest and riot, use of fire to commit a felony, and rioting.

“At the Justice Department, we hold people accountable for their actions,” said U.S. Attorney Justin Herdman. “Mr. Long and Mr. Poland were not from Cleveland. They arrived with weapons and the ingredients for an incendiary device and purposefully inserted themselves into a constitutionally protected protest, with the design to exploit it for their own purposes. We will hold these two accountable for their actions and anyone else who may have violated the law. I believe that we are all seeking the same thing -- accountability, justice, and future days and nights that are free from fear, anxiety and victimization.”

“These two individuals traveled to Cleveland with the sole intent of corrupting what was supposed to be a peaceful protest," said FBI SAC Eric B. Smith "A gun, numerous rounds of ammunition, fire gel, and a hammer are not items consistent with a protest.  These are the tools used by criminals to incite and participate in mayhem.  The FBI will continue to work with our state and local partners and protect our citizen’s right to peacefully protest.  But we will not let people that engage in violence and destruction go unchecked.  These two will have their day in court and as will many others that are responsible for the violent destruction of our city last Saturday."

“Everyone has a constitutional right to freedom of speech, to protest, to bring grievance, to express their concerns to government,” said Cleveland Mayor Frank G. Jackson. “Everyone has a right to peacefully demonstrate and protest, but once there is violence against people or property then we need to take action to protect the safety and well-being of our community and citizens. I want to thank our law enforcement partners for their assistance as we look to address the underlying things that have caused the demonstrations in our city.”

According to the criminal complaint filed in this matter, at approximately 11:55 PM on May 30, 2020, the defendants were spotted by Cleveland Police in a vehicle entering an alleyway at the intersection of East 8th St. and Huron Ave. in downtown Cleveland, Ohio.

Cleveland Police observed a male leave the alleyway and approach their police vehicle. The male was on the streets, in public, during civil unrest, in violation of a mandatory curfew put into place by the public order of the Mayor of the City of Cleveland, which went into effect at 8:00 PM.

Cleveland police approached the male and asked him if he owned the vehicle present in the alleyway. Police observed that the vehicle had a Pennsylvania license plate. Police asked the male to confirm that it was his vehicle and that his identity was Brandon Michael Althof Long. Long confirmed both of these facts. Police detained Long for violation of the curfew order. Cleveland police believed the vehicle to have been involved in criminal activities earlier in the day. Long also confirmed that the vehicle was occupied by another male, Devon Bryce Poland.

Both Long and Poland were searched as well as their vehicle. Found inside the vehicle was a pistol, 17 rounds of ammunition, a hammer, a BB gun resembling a pistol, a red plastic bottle of liquid fire starter, two Apple iPhones, and a bottle of liquor believed to have been looted from a store earlier in the day and other objects.

On May 31st, The FBI executed a search warrant on the iPhones found in the defendant’s vehicle and reviewed messages between Long and Poland that contain statements that demonstrate an intent by Long and Poland to travel from Pennsylvania to Cleveland, Ohio on May 30, 2020, to participate in, promote, encourage, and aid and abet the criminal riots.

In these messages, the defendants discussed specially discuss choosing to travel to Cleveland over Pittsburgh and to bring supplies to make a Molotov cocktail, an incendiary device.

Long and Poland will have their initial appearance this morning at 9:00 AM in U.S. Magistrate Judge Richard Lanzillo’s courtroom.

This case is being investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Duncan Brown and Assistant U.S. Attorney Daniel Riedl.

A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

The following are remarks from U.S. Attorney Justin Herdman during a press conference to annouce federal charges against two Pennsylvania men that were arrested and charged for traveling to Cleveland to commit acts of violence.

“We are here to announce arrests early this morning of two Erie, Pennsylvania men - Brandon Michael Althof Long and Devon Bryce Poland - for a number of federal offenses, including transporting a firearm or incendiary device in furtherance of civil disorder and conspiracy to use fire or an explosive in furtherance of a federal felony.  Special Agent in Charge Eric Smith will address the particulars of these charges at the moment, but in summary, Althof and Poland travelled to Cleveland from Erie on Saturday, May 30 and, among other items, had in their possession a Glock firearm, a hammer, lighter fluid, and spray paint.  Hardworking members of our office, along with members of the FBI’s Joint Terrorism Task Force, assisted by the US Secret Service and Westlake Police, obtained probable cause to search the cellphones of Althof and Poland, wherein additional evidence was developed.

In short, Althof and Poland were not from here, they arrived with weapons and the ingredients for incendiary devices, the inserted themselves into a Constitutionally protected demonstration in order to advance their own violent purposes, and they were ultimately found in the midst of unprecedented rioting and looting in the streets of Cleveland.  So let me get out in front of any questions as to whether there were out of state agitators who hijacked last weekend’s peaceful protests for their own purposes.  The answer is undoubtedly yes, as seen with respect to today’s arrests

Althof and Poland represent the first two federal arrests stemming from last weekends riots.  And they were, by any definition, riots that disrupted the end of a lawful and peaceful assembly of well-meaning citizens.  We are working on numerous additional investigations associated with those riots, pursuing a number of potential federal charges involving a series of individuals who are responsible for the destruction of our downtown.

The men and women of the U.S. Attorney’s Office, the FBI, and the ATF are part of the Department of Justice.  And what we do through our work, in this district of 6 million residents and across the country, is hold people accountable for their actions.  

We are doing just that with our investigations related to the widespread looting of Cleveland’s downtown.  We are also doing that in other areas of our district, including Toledo. Last weekend, if you burnt a car, broke into a store, or beat somebody up, then we are going to find you and hold you accountable with federal charges as appropriate, or if not, by assisting our county prosecutor partners with state charges.

And our obligation to demand accountability does not stop with those who rioted and looted.  We are still engaged in a consent decree with the Cleveland Division of Police.  Accountability is a huge part of that process, and we intend to engage productively, as we always do, with the city on the events of last weekend.  You will get no disagreement from anyone here on stage - if there was behavior amongst police officers that departed from our very high standards, or establishes a violation of law, then you better believe that they will be held accountable as well.

The voices of the protestors and demonstrators last Saturday, and in several marches this week, echoes not only in our ears, but in our hearts.  I hear you, we all hear you, and I believe that we are all seeking the same thing - accountability, justice, and future days and nights free from fear, anxiety, and victimization.  The people up here are all committed to ensuring that you continue to have the ability to do exactly what the Founders intended: to peaceably assemble, to seek redress of grievances, to petition the government.  We all swore to uphold the Constitution, which means that we swore to uphold your right to do so.  And we will ensure that when you speak, you will be heard.”