Despite the U.S. Justice Department’s claim in a new court filing that there is “overwhelming evidence” of a Virginia man’s guilt in the D.C. pipe-bomb case, his location and movements on Jan. 5, 2021, do not appear to be as clear-cut as the FBI’s cellphone evidence implies.
When the FBI arrested Brian Jerome Cole Jr. Dec. 4 at his mother’s home in Woodbridge, Va., agents filed a federal court affidavit that relied heavily on pings from Cole’s cell phone. Those pings placed him in a variety of general areas on Capitol Hill the night of Jan. 5. The FBI said the pings were “consistent with” the phone being in certain tower sectors where the hoodie suspect was known to be.
‘No way. The kid doesn’t walk like that.’
Experts say cell-tower ping analysis is an imprecise method when trying to define a phone’s geographic location. The FBI’s Cellular Analysis Survey Team field guide says a phone ping only indicates the device is somewhere within one of the three 120-degree sectors that radiate from the tower, which can reach a large area, depending on how far away the next closest tower is.
What’s coming Tuesday
Cole was charged in a criminal complaint with planting pipe bombs at the Democratic National Committee building and behind the Capitol Hill Club near the Republican National Committee building between 7:54 and 8:16 p.m. Jan. 5. The DOJ has charged the crime as an act of terrorism.
Cole will be in federal court in Washington, D.C., Tuesday afternoon for a detention hearing and a preliminary hearing. There, the government is expected to present enough of its case to establish probable cause that Cole committed the crimes with which he is charged.
Cole’s defense team filed a motion to ensure the preliminary hearing takes place Tuesday in addition to a hearing on whether Cole will remain jailed until trial. If for any reason the DOJ is not ready to proceed with the preliminary hearing, Cole would have to be released from federal custody, defense attorney John Shoreman wrote in a filing Monday.
The government’s case includes Cole’s reported confession that he didn’t have a side in the partisan divide, but “something just snapped” and, inspired by the IRA in Northern Ireland and video games, he decided to place bombs at both political parties’ headquarters at night and hoped they wouldn’t hurt anyone.
The FBI also cited alleged credit card purchases for bomb materials, Cole frequently wiping his cellphone data since mid-2022, cellphone pings and a license plate reader allegedly placing Cole at the crime scenes.
Location, location
The first ping the FBI describes in its evidence against Cole happened at 7:39 p.m., when his phone interacted with Tower 59323, located atop an apartment building at 103 G St. SW in Washington, D.C. The sector associated with Tower 59323 faces southeast, with an azimuth of approximately 120 degrees.
“Sector depictions represent a general antenna orientation and do not define precise or exclusive coverage boundaries,” said a retired FBI supervisory special agent who has worked with the FBI’s Cellular Analysis Survey Team. He reviewed the ping evidence in the case for Blaze News.
The FBI said Cole’s phone also pinged off Tower 126187, which faces east from its location at 200 Independence Ave. SW.
“The idealized sector depictions for the two towers overlap in a limited area on the map,” the retired agent said. “However, without [radio frequency] calibration or carrier engineering data, the actual extent and shape of any overlap cannot be reliably determined.”
The expert said that while evidence suggests Cole’s phone was south of the hoodie suspect’s location at 7:39 p.m., it can’t be proven from the data.
‘No reliable nexus can be established between the cellular records and that individual.’
“The government’s interpretation of the sector orientations suggests that the handset may have been located south of the individual observed on video; however, sector-based [cell site location information] does not provide sufficient precision to determine the handset’s exact location or its position relative to the hoodie-wearing suspect,” he said. “Without RF calibration, distance metrics, or carrier engineering data, such directional interpretations remain general and non-exclusive.”
At the exact time the FBI claims Cole’s phone pinged on the southeast-facing tower sector, the hoodie bomb suspect walked along D Street Southeast, about to turn south on Capitol Street SE toward the DNC, according to video from U.S. Capitol Police security Camera 753. The hoodie suspect did not appear to be holding or otherwise using a cell phone at the time.
The retired supervisory special agent said the security video provides no evidence supporting Cole’s phone being at the same location as the hoodie suspect.
“Geometric comparison between tower locations, sector orientations, and the video-confirmed sidewalk location demonstrates that the location of the hoodie-wearing individual is not a clean main-lobe match for the southeast-facing sector of Cell Site 59323.” The ping was “a low-specificity, general-area location inference.”
“The surveillance video provides a high-specificity location constraint for the unidentified hoodie-wearing individual at specific times,” he said in an analysis commissioned by Blaze News.
“However, the video does not identify the individual and does not show the individual using, possessing, or interacting with a cellular device,” he said. “There is no visual evidence linking the individual on video to the handset reflected in the [cell site location information] records.”
If confirmed, that would put Cole’s vehicle more than one mile away from the hoodie suspect.
A ping, shorthand for a cellular device’s interaction with a tower, “documents the activity of a device, not the actions or identity of a person,” he said.
“Absent evidence demonstrating device possession or use by the individual observed on video, no reliable nexus can be established between the cellular records and that individual,” he said.
Further, Cole’s blue 2017 Nissan Sentra does not appear on any Capitol Police security cameras in the areas of the DNC or RNC, according to video investigator Armitas, who scrubbed the video feeds of dozens of USCP cameras. Armitas found only two Nissan Sentras on the road on Capitol Hill, one of which was driven by a white individual with a white passenger. Cole is black.
The other Sentra appeared to be a visual match for Cole’s vehicle, Armitas said, but the driver’s characteristics and identity cannot be determined from the security video.
In a memo filed in U.S. District Court in Washington, D.C., seeking to keep Cole in jail pending trial, the DOJ said Cole told the FBI he parked his car on D Street Southeast at Folger Park and walked from there to the DNC.
Folger Park is just beyond the network of more than 1,800 Capitol Police surveillance cameras. The court filings in the Cole case do not indicate if Cole was somehow aware of the boundaries of USCP surveillance cameras when selecting a parking area.
The FBI said Cole’s vehicle was captured on a license plate reader taking the Capitol Street exit from Interstate 395 South at 7:10 p.m.
The hoodie suspect was first captured on Capitol Police video at 7:34 p.m., the FBI said. Capitol Police Camera 5050 showed the bomb suspect crossing E Street Southeast on New Jersey Avenue at 7:35 p.m.
DNC bench but no ping?
Another potential phone conflict happened at 7:44 p.m., when the FBI said Cole’s phone pinged off the eastern sector of Tower 126187.
Video shows the hoodie suspect was sitting on a DNC bench at 7:43 p.m., using a cell phone. That phone did not appear to have produced a manual ping between 7:43:36 p.m. and 7:44:19 p.m. At least, no such ping is referred to by the FBI in public Cole case documents.
It seems unlikely that the hoodie suspect was on Ivy Street at 7:44:36 p.m. as the FBI asserts. The bomb suspect had to walk from the DNC bench a short distance on Capitol Street to Canal Street, then use Canal to cross Ivy Street before proceeding up Ivy Street.
Could that distance be covered in just six seconds? It seems doubtful, even if the suspect was running. The hoodie suspect no longer appeared to be using a phone when the person disappeared from DNC camera view at 7:44:30.
Third potential contradiction
A third potential contradiction in the cell-tower evidence came at 7:59 p.m., when the hoodie-wearing suspect was — according to the FBI — on New Jersey Avenue SE, about to turn east on E Street SE and continue onto North Carolina Avenue SE. Capitol Police Camera 0703 at the entrance to the Capitol Power Plant captured a glimpse of the bomb suspect turning from New Jersey Avenue to E Street.
The FBI said at 7:59:36 p.m., Cole’s cell phone pinged in a sector of Tower 147990 that faces south approximately 180 degrees from its location at 200 Independence Ave. SW. The FBI links this ping to the hoodie suspect’s appearance at New Jersey Avenue and E Street.
At roughly 8 p.m., the hoodie suspect was believed to be walking northeast toward Folger Park. There is an eight-minute gap during which the bomb suspect is not visible on any security cameras. The FBI has theorized since early in the case that the suspect used Folger Park as a base of operations.
Since the FBI said the bomber only carried one pipe bomb at a time in the backpack, the suspect would have had to acquire the second bomb before reappearing on camera walking toward the Capitol Hill Club and the Republican National Committee building.
A 2017 Nissan Sentra believed by video investigator Armitas to be pipe-bomb suspect Brian Cole Jr.’s vehicle is shown a mile from where the hoodie-wearing suspect was at the same time.Capitol Police CCTV
The hoodie-wearing suspect’s likely resupply mission presents a possible problem for the FBI’s timeline. At 8:03 p.m., security cameras captured what Armitas believes to be Cole’s blue Nissan Sentra traveling north on 3rd Street SW toward C Street SW, according to several USCP cameras along the route.
If confirmed, that would put Cole’s vehicle more than one mile away from the hoodie suspect at 8:03 p.m. Since it is a six- to seven-minute drive to Folger Park from 3rd Street SW, Cole could not be in the same location as the hoodie suspect at the time. According to Capitol Police cameras, the Nissan Sentra tracked by Armitas traveled north on 3rd Street SW to C Street SW, then turned east.
That Nissan was last seen at 8:04 p.m. on Capitol Police Camera 8483 on C Street at Second Street SW, in front of the O’Neill House Office Building. The Sentra drove onto an entrance ramp to I-395, traveling west — away from Folger Park, the Capitol Hill Club, and the Republican National Committee building. Cole could not have been hiding in or near Folger Park from roughly 8:02 to 8:08 p.m. and also been driving away from Capitol Hill more than a mile away at the same time.
Confession claim
The DOJ detention memo said Cole confessed to placing the bombs and his intention was that they would detonate at night on Jan. 5 and not the next day, on Jan. 6. The DOJ said Cole “set the timer on the first device to the maximum duration (60 minutes) and planted the device.”
Armitas said the surveillance video released by the FBI from a DNC security camera shows that the bomber took the device out of a backpack and immediately placed it under the bush near the base of the park bench. “Video from 2 different angles shows that the timer was never set,” Armitas wrote on X Monday.
“This device requires 2 full turns of the dial to set it,” Armitas wrote, “not to mention you have to unclip and reclip all the alligator clips, otherwise turning the dial will close the switch across those clips, shorting the detonator — Kaboom. As we can see in the video, the device is pulled out of the backpack and immediately placed.”
Shoes and gait
Cole’s demeanor, mannerisms, and walk look distinctly different from the bomb suspect wearing the hoodie on FBI video.
According to Prince William County Police bodycam video from the scene of a minor traffic accident involving Cole in late April 2024, Cole has more of a lumbering walk with his feet facing outward with no cadence to his steps. Blaze News obtained the 48-minute video through a freedom of information request.
Cole noticeably leans his head and neck to the left, while the hoodie suspect stood upright with a straight back and squared shoulders. As the hoodie suspect walked south down Rumsey Court to place the second pipe bomb at 8:16 p.m. on Jan. 5, video showed a confident stride with a fast cadence. On the bodycam video, Cole looked unsure of himself, withdrawn, avoiding eye contact and appearing to lack the confidence displayed by the original bomb suspect.
Cole told the Prince William County officer he had a “lapse in focus” that led to him run into the pickup truck in front of him. When the officer issued Cole a citation for following too closely, it appeared that Cole’s eyes welled up with tears. “It’s not a criminal offense,” the officer reassured Cole. “It’s just a traffic offense. So you can go to court. You can fight it if you want or you can prepay it.”
The owner of a 7-Eleven on Minnieville Road in Woodbridge, not far from the Cole family home, said Brian Cole Jr. has come into his store for years, always purchasing the same thing: pizza and two Cokes.
“I saw him for 13 years a minimum of two to three times per week,” said Sunny Sandhu. “He was probably here every day.
“Every time he came in here, it was always the same thing, same routine,” Sandhu told Blaze News in an interview. “Always had his headphones on. Always made it the same order, bought two Cokes and a pizza.”
Sandhu said if he didn’t have a fresh pizza on display, he would offer to make one for Cole, but in those cases Cole always opted instead for chicken wings. He said Cole usually didn’t say anything, but occasionally would nod when Sandhu thanked him and said goodbye.
After Cole’s arrest, Sandhu said he watched the FBI video of the hoodie suspect walking down an alley to place the second pipe bomb near the RNC.
“I go, ‘No way. The kid doesn’t walk like that,’” Sandhu said. “This kid has no confidence in his stride at all.”
Cole has a “goofy walk” that does not resemble the FBI’s bomb suspect, Sandhu said. “There’s no way,” he said.
The 7-Eleven owner said the FBI didn’t come to his store asking about Cole before or since the Dec. 4 arrest.
An FBI whistleblower who has worked in the Washington Field Office filed a protected disclosure with the U.S. House on Dec. 11, asserting that Cole was simply mentally incapable of carrying out the placement of pipe bombs while evading a massive law enforcement dragnet for nearly five years. The disclosure was filed with U.S. Reps. Thomas Massie (R-Ky.) and Jim Jordan (R-Ohio).
Attorney Kurt Siuzdak said his whistleblower client lives in the vicinity of the Cole home in Virginia and has observed Brian Cole “hundreds of times, if not more, over the course of nearly a decade.” He said his client described Cole as “detached and vacant” and displaying “awkward” behavior.
“It is obvious he has a mental disability and likely lives in a permanent vulnerable, intellectual and emotional state,” Siuzdak wrote. “It is well understood that individuals with mental conditions are susceptible to providing inaccurate and unwarranted ‘confessions.’ The FBI should have used caution and its behavioral experts to ensure any [interrogation] was proper.”
Rep. Thomas Massie (R-Ky.) outlined a litany of problems he has with the state of the pipe-bombs case, including the fact that Cole is “borderline autistic,” as disclosed by Cole’s grandmother, Loretta Cole.
“They said, ‘Look, our son or our grandson, he’s autistic and he’s operating at a 16-year-old level and he’s not capable of this,” Massie said Dec. 11. “That was their claim, and I do think that that’s relevant to know his mental acuity.”
Different eyesight?
The way Cole held his cell phone at the accident scene is very different from how the hoodie suspect held and used a cell phone on Jan. 5. Cole kept the phone less than a foot from his face while reading the screen, video showed.
The hoodie suspect, in contrast, held the cell phone in his or her lap while sitting on the park bench behind the DNC. This could indicate that Cole’s eyesight is significantly different from the eyesight of the hoodie suspect.
The Converse Chuck Taylor All Star canvas sneakers Cole wore at the 2024 accident scene also appear to be larger than the Nike Air shoes worn by the pipe-bomb suspect on Jan. 5. The FBI said Cole told agents he used to have a pair of Nike Air Max shoes but threw them away because they were in poor condition.
Ignored evidence
In its narrative accusing Cole of being the pipe bomber, the FBI apparently did not ask Cole about stopping at a bush alongside the Congressional Black Caucus Institute at 7:48 p.m. — a video discovery made by Armitas and published by Blaze News Oct. 29.
Security video shows the hoodie suspect walked from New Jersey Avenue down a sidewalk next to the CBCI building, 413 New Jersey Ave. Southeast. The suspect spent one minute, 17 seconds near the bush — first bent over, then sitting down in front of the shrub — Capitol Police security video shows. The suspect rummaged through a backpack while sitting cross-legged, then leaned into the bush and appeared to place or attempt to place something underneath.
Police walked right past DNC pipe bomb to first look under a bush where bomber sat 17 hours earlier. Photos by U.S. Capitol Police
The suspect stood up after 77 seconds and walked to the DNC building. There, the suspect sat on a park bench and, at 7:54 p.m., placed a pipe bomb under an adjacent bush, video released by the FBI showed.
The DOJ memo does not mention the CBCI or indicate whether Cole explained why he stopped at the bush next to the headquarters of the Congressional Black Caucus Institute. Information on the bomber’s time near the CBCI and the video showing the suspect’s actions was shared with the FBI by Armitas earlier this year.
It also does not mention that the bomb suspect stopped in a garden in front of the C Street Center, 133 C St. SE. The building has long served as a dormitory or rooming house for members of Congress and staff.
Armitas said he believes the suspect was attempting to place the second pipe bomb in the bushes in front of 133 C Street but may have been interrupted by a Capitol Police squad car that turned onto C Street from the east with its emergency lights on.
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January 6
