On Jan. 6, 2021, an angry mob broke into the US Capitol in an attempt to disrupt the transfer of power. Some were armed while others claimed they were journalists.
Some individuals who breached the Capitol have been sentenced to jail time while others received much lighter sentences than prosecutors had requested.
Ray Epps Sentenced to One Year of Probation
Ray Epps was an Arizona Marine and Oath Keeper leader who was seen encouraging others to breach the Capitol on video, however federal prosecutors contend he never actually entered. Epps was sentenced to probation by Chief Judge James Boasberg Tuesday.
Epps, 62, made his argument via video conference from home. He claimed he experienced “overwhelming impacts” due to conspiracy theories spread by far-right media and Trump supporters; including receiving death threats, finding shell casings in his yard, and experiencing trespassers coming onto his property – so much so that he and his wife sold their business together as a result of these incidents.
The judge expressed hope that his sentence would send a clear message: anyone engaging in illegal acts will be punished. At the same time, however, he stressed the distinction between peaceful protests and those seeking to enter Congress illegally through unlawful means. Furthermore, he strongly condemned those calling for Epps’ imprisonment.
John Minchillo Sentenced to Two Years and Ten Months in Prison
John Minchillo of The Associated Press was captured by fellow journalist Julio Cortez being photographed as being attacked by rioters during the Jan. 6 insurrection near and around Capitol building. As he tried to document crowds outside Pelosi’s office suite and near front barriers where police stood guard to protect them, he was kicked, punched and shoved.
Prosecutors believe he is affiliated with the far-right Proud Boys group; however, he denied being part of it. Investigators noticed he wore goggles and a cap with their logo when entering the building.
Kevin Seefried and Hunter Seefried made the trek from Laurel, Delaware, to Washington on Jan. 6 for protests and were among the first rioters to enter the Capitol grounds, according to police video captured of them entering. A video shot by police shows Hunter Seefried ordering his fellow protestors to push past an initial line of officers acting as barriers.
Samuel Montoya Sentenced to One Year of Probation
Samuel Montoya was employed as a video editor by Alex Jones’ conspiracy theorist website Infowars. According to prosecutors, Montoya fomented discontent to bring an angry mob to Capitol Square on Jan 6.
At his suppression hearing, Montoya challenged the admissibility of evidence pertaining to a dispatch call which stated he was slumped over at the wheel. The district court denied his motions in limine. At trial, Deputy Bachman testified that Montoya refused to take the PBT and that deputies had reasonable suspicion based on his appearance and results of horizontal gaze nystagmus test, nine-step walk-and-turn test and one-legged stand test that indicated alcohol consumption.
Montoya contends that the district court erred by denying his motion to suppress the initial stop, arrest, and evidence seized from his vehicle. Furthermore, he asserts that conviction of refusing a PBT test for refusal should have been reversed on appeal; an appellate court will generally not disturb an acceptable sentence imposed within statutory range for Class IIIA felonies by trial courts without evidence of abuse of discretion by either side.
John Horn Sentenced to 12 Months Probation
Prosecutors maintained that Horn had more in common with protestors than journalists when he joined in with the mob that breached the Capitol building, rather than functioning as an objective journalist. They noted his lack of press credentials or any education in journalism as evidence against him – not interviewing anyone or asking any questions of those present during his stay at the scene, according to them.
At trial, Horn’s attorneys presented him as an independent journalist traveling from North Carolina to DC on an overnight bus to record events. They noted that he wasn’t affiliated with any news organization and didn’t have many followers on social media.
But the judge was unpersuaded and ordered Horn to pay a fine, serve 12 months probation and complete 90 hours of community service before being banned from Capitol grounds for two years.
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