Leader of Seattle Proud Boys is ordered to be released on charges relating to Capitol riot - but remains in custody while prosecutors appeal judge's ruling Magistrate Judge Brian Tsuchida in Seattle initially said on Monday that Ethan Nordean, 30, should be released pending trial Judge Tsuchida then halted his own decision to allow prosecutors time to appeal Prosecutors filed an appeal to U.S. District Judge Beryl Howell in Washington, D.C. within hours Judge Howell further blocked his release pending a review and directed U.S. marshals to transport him to D.C. He was arrested by the FBI and charged with various crimes last week