Gunman can represent himself, judge rules

A D.C. Superior Court Judge ruled Thursday that the man arrested for carrying a loaded shotgun on Capitol Hill can represent himself next month when the case goes to trial.

Michael Gorbey, 38, faces charges from the Jan. 18 arrest for being a convicted felon in possession of a firearm. He says he is innocent and that U.S. Capitol Police set him up.

{mosads}Judge Gregory Jackson urged Gorbey to reconsider his decision, but ultimately said that Gorbey is within his rights to drop public defender Jason Tulley. Jackson then set a trial date for April 21.

Gorbey, who has a lengthy criminal past, cited his successful self-representation in a 2005 federal case when he had similar charges brought against him.

Both the U.S. attorney prosecuting the current charges and Tulley agreed that Gorbey was competent to represent himself, with Tulley acting as stand-by counsel.

Assistant U.S. Attorney Jennifer Kerkhoff said that she was concerned that the trial could become a forum for Gorbey to voice views that are not pertinent to the case.

In an interview with The Hill on Jan. 29, Gorbey said that FBI and CIA officials were conspiring to set him up and had tapped his phones over a period of years.

Capitol Police discovered explosive materials last Friday in the pickup truck Gorbey drove the day he was arrested. The materials consisted of several containers of gunpowder and shotgun shells wrapped in tape, according to a source familiar with the issue.

The FBI assisted Capitol Police with the search of the truck. Additional charges are expected but have yet to be brought against Gorbey by Capitol Police 

In his last court appearance, on Feb. 4, Gorbey told Judge Jackson that he was dissatisfied with his attorney and desired to represent himself.