Alleged gunman is allowed to represent self, judge rules

A 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.

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

Both Jennifer Kerkhoff , the assistant U.S. attorney prosecuting the current charges, and Tulley agreed that Gorbey was competent to represent himself, with Tulley acting as stand-by counsel. Gorbey said he wished for all judicial correspondence to continue to go through Tulley given the unpredictable nature of the prison mail system.

Kerkhoff said 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.

He also said that he was on his way to an appointment with Supreme Court Chief Justice John Roberts that he had set up with the clerk’s office.

Kathy Arberg, spokeswoman for the Supreme Court, said they have no record of any appointment between Roberts and Gorbey and for a citizen to get such a meeting is “very rare.”

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.

Gorbey is scheduled to appear in court again on March 24, when the U.S. attorney will present him formally with any further charges and the corresponding evidence.

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