An Illinois man accused of firing a gun into the air during the Jan. 6 riots at the U.S. Capitol finds himself back behind bars after his arrest on a felony warrant out of Utah.
The Cook County Sheriff’s Office announced on Friday via social media that 40-year-old John Banuelos was arrested on Oct. 17 after Salt Lake County issued a warrant for his arrest on charges of aggravated kidnapping and aggravated sexual assault.
Deputies, working alongside the U.S. Marshals Great Lakes Regional Fugitive Task Force, began surveilling the area near 9th Street and Cicero Avenue in Cicero, a Chicago suburb, after receiving information that Banuelos might be in the vicinity. Officers spotted him walking inside a fast-food restaurant. Shortly after, he exited and got into the back seat of a rideshare vehicle. Marshals then executed a traffic stop and took Banuelos into custody.
Details concerning the alleged kidnapping and sexual assault charges have not been released at this time.
Banuelos was previously charged last year with trespassing with a deadly or dangerous weapon, carrying and discharging a firearm, and civil disorder related to the events at the Capitol on January 6.
“This conduct is mind-numbingly dangerous,” prosecutors wrote in their pretrial detention memorandum. “Any number of life-threatening events could have transpired, e.g., the threat of an active shooter at the Capitol on January 6 could have triggered a lethal response from law enforcement or a stampede of other rioters. Fortunately, none of these events came to pass, but the fact that no such harm ensued does nothing to mitigate the seriousness of Banuelos’s actions.”
Banuelos, who claimed he had “nothing to worry about” because he correctly predicted President Donald Trump’s election win, initially avoided charges after Trump pardoned all the Jan. 6 rioters shortly after being sworn into office on Jan. 20.
As previously reported by Law&Crime, Banuelos was allegedly among thousands of Trump supporters who attended the “Stop the Steal” rally that day. During a confrontation with police, Banuelos reportedly formed a “finger gun” with his gloved hand and simulated firing multiple times at officers. At one point, he is said to have lifted his jacket to reveal a firearm.
He then allegedly helped push against police lines, climbed the inaugural stage scaffolding, pulled out a pistol, and fired two shots into the air. Afterward, he concealed the gun in his waistband, descended the scaffolding, and rejoined the crowd, according to court documents.
Banuelos first surfaced as a suspect in February 2021 after a witness submitted a tip identifying him as the individual seen flashing the firearm. However, he was not immediately arrested.
In July 2021, Banuelos was investigated—but not charged—in the fatal stabbing of a 19-year-old man in Utah, according to court documents. The incident was reportedly linked to a dispute over money, as reported by Salt Lake City’s NBC affiliate KSL.
Banuelos allegedly stabbed the man after being struck in the head with a skateboard, sustaining a head wound himself. He reportedly told authorities, “All I know is I did it to defend my life, man. I have the right to defend my life, man, OK? They were trying to hurt me, man, for $150 that I did not take. They were accusing my wife and me and yelling and swearing and trying to hurt me, man.”
During further questioning, Banuelos is said to have disclosed to local police his involvement inside the Capitol on Jan. 6 and admitted to being the person seen in a video with a gun.
“Man, should I just tell the FBI to come get me or what?” Banuelos reportedly asked detectives. When questioned, “Do you have a warrant?” he replied, “Probably.”
“I was in the D.C. riots,” Banuelos reportedly confirmed. When asked if he went inside the Capitol, he responded, “Yeah, I went inside, and I’m the one with the video with the gun right here,” according to KSL.
Prosecutors ultimately did not file charges against him in the stabbing case. However, Banuelos was arrested on a prior warrant for an assault from 2019 in Utah and sentenced to 180 days in jail for that offense.
In March 2022, the FBI contacted Banuelos concerning the Capitol insurrection, seeking more information about his claims of entering the building. Banuelos initially refused to speak with agents and denied entering the Capitol before hanging up. He later returned the call but made “incoherent sentences,” alleging that people “were trying to trick him and were messing with his mind,” according to court documents.
In January 2024, FBI agents interviewed Banuelos again after he allegedly posted threatening content on social media, including a video showing him racking the slide of a semi-automatic pistol. Banuelos denied making the posts or intending to threaten anyone and claimed that “many” of his posts were generated by artificial intelligence. He also stated that any weapons seen in the videos were fake or AI-generated.
Banuelos was arrested in the Capitol breach case on March 8 at his mother’s home in Summit, Illinois. A search of the premises uncovered a BB gun starter pistol in a basement closet, but not the firearm authorities believe was used at the Capitol.
According to prosecutors, Banuelos has been arrested 19 times and holds five convictions in Illinois and Utah dating back to 2003, including misdemeanor assault, misdemeanor resisting arrest, fleeing law enforcement, and possession of marijuana.
Jason Kandel contributed to this report.
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