Only 10% of US Capitol rioters sentenced so far, records show

Jose Luis Magana Associated Press file photo

In this Jan. 6, 2021, file photo, insurrectionists loyal to Donald Trump rally at the U.S. Capitol in Washington, D.C.

A year after throngs of rioters invaded the U.S. Capitol, the federal government has a long way to go to resolve the hundreds of criminal cases generated by the insurrection.

As of last week, only about 10 percent of the rioters charged with federal crimes had been sentenced, according to a court document filed by prosecutors.

The document, dated Jan. 4 and filed with the government’s sentencing memorandums in several cases, showed that 70 defendants had been sentenced in U.S. District Court for the District of Columbia. That’s out of about 725 rioters who the government says have been charged so far with crimes ranging from disorderly conduct to assaulting a law enforcement officer.

In Kansas, two of the eight residents charged in connection with the riot have been sentenced, including a Leavenworth woman sentenced Monday. Another has pleaded guilty and has a sentencing date in March. But the cases of five others — three Proud Boys from Johnson County, a Wichita man and a Topeka man — are still in the pipeline.

In Missouri, just one of the 18 residents charged has been sentenced. Nine others have pleaded guilty and await sentencing. A Missouri woman seen during the insurrection carrying a wooden name plate torn from House Speaker Nancy Pelosi’s office pleaded guilty Monday.

An analysis of the government’s statistics shows that of the 70 defendants sentenced, 30 have been given prison time. The lengths range from 10 days to 63 months, but most — 22 — are for 90 days or less. Eight defendants got six months or more.

The defendant receiving the longest prison sentence to date is Robert S. Palmer of Florida, who was sentenced to 63 months after pleading guilty to assaulting law enforcement officers with a dangerous weapon. His actions included throwing a fire extinguisher, a plank and a pole at police.

The next-longest prison sentence went to Devlyn Thompson of Washington state, who got 46 months for assaulting an officer with a metal baton.

Two other defendants received prison sentences of 41 months: Scott Fairlamb, a former New Jersey gym owner, who pleaded guilty to assaulting a police officer during the riot, and so-called “QAnon Shaman” Jacob Chansley of Arizona. The most visible of the rioters, a shirtless Chansley stormed the Capitol and invaded the Senate chamber, wearing fur-covered horned headgear and carrying an American flag attached to a spear.

Eighteen defendants were sentenced to home detention that ranged from 30 to 90 days. The defendants who didn’t receive prison sentences got probation. The lengths range from two months to five years, with the majority receiving 24 to 36 months.

The document showed that all but two of the 70 defendants who have been sentenced were ordered to pay restitution for damage to the Capitol building, which the government said totaled $1.5 million. Most restitution amounts were $500, but the five defendants who received the longest prison sentences were each ordered to pay $2,000.

Sixteen defendants also were ordered to pay fines in addition to the restitution. Those fines totaled $48,500 and ranged from $1,000 to $5,000.

Some who monitor extremist groups have expressed concerns about allowing defendants to plead guilty to low-level misdemeanors and giving them sentences with little or no jail time, saying it sends a message that the behavior is permissible and further emboldens extremists to commit violence.

In a Jan. 5 update on the Justice Department’s investigation into the insurrection, Attorney General Merrick Garland said those who did not cause injury or damage were charged with lesser offenses, “particularly if they accepted their responsibility early and cooperated with the investigation.”

But those who assaulted officers or damaged the Capitol and those who conspired with others to obstruct the vote count, Garland said, face greater charges.

During the first months of the investigation, he said, about 145 defendants pleaded guilty to misdemeanors. Those pleas, he said, “help conserve both judicial and prosecutorial resources so that attention can properly focus on the more serious perpetrators.”

“In complex cases, initial charges are often less severe than later charged offenses,” he said. “This is purposeful as investigators methodically collect and sift through more evidence.”

Now, he said, more than 325 defendants have been charged with felonies, and 20 have pleaded guilty. About 40 defendants have been charged with conspiracy to obstruct a Congressional proceeding and/or to obstruct law enforcement, he said, and 17 are scheduled to go to trial for their roles in felony conspiracies.

“A necessary consequence of the prosecutorial approach of charging less serious offenses first is that courts impose shorter sentences before they impose longer ones,” Garland said. “In recent weeks, however, as judges have sentenced the first defendants convicted of assaults and related violent conduct against officers, we have seen significant sentences that reflect the seriousness of those offenses both in terms of the injuries they caused and the serious risk they posed to our democratic institutions.”

Garland said the Capitol riot case has become “the largest, most complex and most resource-intensive investigation in our history.” To date, he said, authorities have arrested and charged more than 725 defendants in nearly all 50 states and the District of Columbia for their roles in the insurrection.

“Every day since (the riot), we have worked to identify, investigate and apprehend defendants from across the country,” he said. “And we have done so at record speed and scale in the midst of a pandemic during which some grand juries and courtrooms were not able to operate.”

Garland said the Justice Department has received more than 300,000 tips from citizens, issued more than 5,000 subpoenas and search warrants, seized approximately 2,000 devices, examined more than 20,000 hours of video footage and sifted through an estimated 15 terabytes of data.

“The actions we have taken thus far will not be our last,” he said. “The Justice Department remains committed to holding all January 6 perpetrators at any level accountable under law, whether they were present that day or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead.”

Judy L Thomas: 816-234-4334, @judylthomas