Capitol rioter sentenced to eight months
A Florida man who breached the U.S. Senate chamber carrying a Trump campaign flag was sentenced Monday to eight months behind bars, the first punishment handed down for a felony charge in the Jan. 6 Capitol riot and one that could help determine the severity of other sentences in hundreds of pending cases.
In pronouncing the sentence on Paul Allard Hodgkins, U.S. District Judge Randolph Moss said the 38-year-old had played a role, if not as significant as others, in one of the worst episodes in American history. Thousands of rioters loyal to then-President Donald Trump stormed the Capitol and disrupted the certification of Joe Biden’s election win, in a stunning display of public violence.
“That was not, by any stretch of the imagination, a protest,” Moss said. “It was … an assault on democracy.” He added: “It left a stain that will remain on us … on the country for years to come.”
Moss acknowledged Hodgkins’ sentence could set a benchmark for future cases. And deciding an appropriate punishment was made more challenging because the case is unique and the court couldn’t look to previous sentencings as a guide.
More than 500 people have been charged so far for their participation in the attack, and many like Hodgkins were accused of serious crimes but were not indicted, as some others were, for roles in larger conspiracies. They will have to decide whether to plead guilty or go to trial.
Moss interrupted Hodgkins’ lawyer, Patrick Leduc, to ask if granting the defence request to spare Hodgkins from prison could encourage others disgruntled by the results of a future election to besiege the Capitol.
“If we allow people to storm the United States Capitol, what are we doing to preserve our democracy?” Moss asked.
But the judge said Hodgkins deserved a lesser sentence than the 18 months prosecutors had requested, in part because he didn’t assault anyone, didn’t damage government property and wasn’t among the lead attackers.
Hodgkins apologized to the court and said he felt ashamed. Speaking calmly from a prepared text, he described being caught up in the euphoria as he walked down Washington’s most famous avenue, then followed a crowd of hundreds into the Capitol.
“If I had any idea that the protest … would escalate [the way] it did … I would never have ventured farther than the sidewalk of Pennsylvania Avenue,” he told the judge. He added: “This was a foolish decision on my part.”
He pleaded guilty last month to obstructing an official proceeding by participating in an attack that forced lawmakers to run and hide in fear. Five people died, including a police officer and rioter shot by police. Two other police officers died by suicide days later.
In requesting an 18-month prison sentence during the hearing in Washington, assistant U.S. Attorney Mona Sedky likened the attack to “domestic terrorism.”
Sedky said that while Hodgkins didn’t engage in violence himself, he walked among many who did — in what she called “the ransacking of the People’s House.” And as he walked by smashed police barriers, he could see the smoke of tear gas and the chaos ahead of him.
“What does he do?” she asked the court. “He walks toward it. He doesn’t walk away.”
Under the June plea deal, Hodgkins agreed to plead guilty to the one count and pay $2,000 US in restitution to the Treasury Department.
In earlier filings, Leduc described his client as an otherwise law-abiding American who, despite living in a poorer part of his hometown of Tampa, regularly volunteered at a food bank. He noted that Hodgkins is an Eagle Scout.
Separately on Monday, Enrique Tarrio, the leader of the Proud Boys who was arrested in Washington two days before the insurrection, pleaded guilty to burning a Black Lives Matter banner that was torn down from a historic Black church in December. He also pleaded guilty to attempted possession of a large-capacity ammunition feeding device after police found two high-capacity firearm magazines when he was arrested.