While a federal judge in Washington, D.C., told a former Butler County woman Thursday that she has no respect for America's democracy, she rejected an appeal to keep the woman in jail while she awaits charges related to her alleged role in the U.S. Capitol riot.

Rachel Marie Powell, 40, of Sandy Lake, Mercer County, was arrested by the FBI Feb. 4 after authorities determined that she participated in the Jan. 6 riot at the U.S. Capitol, where more than 100 law enforcement members were injured as hundreds of rioters broke into the government building, according to reports.

Powell was placed in the Butler County Prison, but on Tuesday U.S. District Court Magisterial Judge for the Western District of Pennsylvania Lisa Pupo Lenihan ordered that Powell be released on house arrest with the condition, among others, that she stay in her Western Pennsylvania home.Prosecutors appealed that order, and Thursday a second judge, Beryl A. Howell, reaffirmed the order after a nearly two-hour hearing. Howell is a chief judge with the United States District Court for the District of Columbia.Powell, who previously lived in West Sunbury, faces charges of obstruction, depredation of government property, entering a restricted building or grounds with a dangerous weapon, entering a restricted building or grounds and violent entry or disorderly conduct.In Howell's decision, she noted that because of the charges Powell faces, she has to “presume that the defendant is a danger to society,” which puts the burden on Powell to show she could be released without danger to society or a flight risk.The evidence in the case was rehashed, with mentions of Powell's pink hat, use of a bullhorn to allegedly organize rioters breaking into the Capitol and her alleged ramming of a window to help them enter.Powell's lawyer, Michael Engle, reasserted that Powell voluntarily handed herself over to authorities and that she doesn't have a criminal background.In considering her decision to deprive someone of their freedom, Howell reflected on other alleged rioters with whom she is dealing. She said she is presiding over another case where two men who are members of the Proud Boys are also facing charges related to the riot.In those cases, prosecutors didn't ask for pretrial detention, Howell said, and asked why should she keep Powell in jail.“I'm concerned about the equitable treatment of all these defendants in a very difficult situation where we're trying to figure out everyone's level of risk,” Howell said. “This riot was so unpatriotic. It makes me sick.”But she said that her job was to look at the combinations of conditions to reduce the risk Powell and others might pose to a community or run away before their trial. And with the Proud Boy defendants out on pretrial, Howell wondered why she should detain Powell.Prosecutors argued that Powell's actions leading up to her arrest demonstrate that she can't be trusted outside of jail.Prosecutors argued that Powell dropped five of her children, who are between the ages of 4 and 17, off at her ex-husband's house, and disappeared for the next several days until Feb. 4.Leading up to Powell's arrest, a New Yorker article was published that identified her as the pink hat woman authorities were seeking.And Howell wondered, “If you really want to avoid authorities, why talk to The New Yorker? If you're a person with an intent to flee, why do you hire a lawyer to negotiate surrender and then go on to actually surrender?”But prosecutors said Powell's behavior was “erratic,” and that in The New Yorker article Powell expressed no remorse for her alleged crimes.In regard to the community's safety, Howell was concerned by Powell's ambivalence toward mask wearing as a coronavirus precaution.“My understanding is, she goes into public without a mask, posing a significant risk of giving her children COVID,” Howell said. “In her own words, she's talked about banding with people to fight the mask mandate.”But Engle said that she would wear a mask.Howell ultimately allowed Powell's pretrial release to continue, but she marveled at the charges Powell faces.“She enthusiastically participated in this assault. And encouraged them to 'take this building,'” Howell said. “She admitted her involvement in The New Yorker article. That article is downright offensive. She doesn't appear to understand the gravity of her felony offenses. She didn't have respect for this democratic institution.”Howell decided to release Powell because she has no criminal history and has strong ties to Western Pennsylvania. She also noted that the offenses with which she's charged are for property damage and that no one appeared to be hurt by Powell's actions.

Rachel Powell