That's a mere interpretation of what happened that would never stand up in a court of law, hence why no formal charges have been brought. It's completely speculative.
Which is exactly why we can't remove him from ballots or refer to it as an insurrection.
Remember the Iraq War? We referred to the opposition after Hussein fell as terrorists (not very accurate, very lame Zioconservative take), or as insurgents, which is accurate.
Insurgency implies some long term armed resistance. It can't refer to some impromptu riot on the police lines.