30 days in jail sought in Jan. 6 riot case

An insurance adjuster from Hindsville should be sentenced to 30 days incarceration for entering the U.S. Capitol during the riot Jan. 6, 2021, according to a sentencing memorandum filed Thursday by an assistant U.S. attorney.

Brennen Cline Machacek, 33, is scheduled to be sentenced Sept. 7 in federal court in Washington, D.C.

As part of a plea agreement, Machacek pleaded guilty to one misdemeanor count of parading, demonstrating or picketing in a government building. He was initially charged by criminal complaint with violating four federal laws. He also agreed to pay $500 in restitution.

Besides 30 days in jail, assistant U.S. Attorney Adam M. Dreher requested the judge sentence Machacek to do 60 hours of community service, according to Thursday’s court filing.

“A sentence of incarceration is appropriate in this case because Machacek knew when he entered through a window that he was not allowed to be inside the Capitol, joined other rioters in chants in the Senate Connecting Corridor, spit on the floor of the Capitol, entered sensitive areas, and attempted to reenter the Capitol after being escorted out of the building,” according to the court document.

The “sensitive area” Machacek entered was the office of U.S. Sen. Jeff Merkley, D-Ore.

Machacek joined in chants of “our house” and “traitors” while in the building, according to the government.

“Machacek’s actions were not violent, but he pushed as far as he perceived he was allowed to go contrary to the conditions around him,” according to the government’s sentencing memo. “More importantly, on January 6 despite having been escorted out of the building by police, he immediately demonstrated a lack of respect for the police by trying to reenter the building. A sentence of incarceration is necessary to ensure that Machacek never again breaks the law in pursuit of his political goals.”

In the court filing, Dreher noted that Machacek is a former Marine.

“While Machacek’s service in the Marine Corps is laudable, it makes his conduct on January 6 all the more egregious,” wrote Dreher. “As noted by the Marine Corps, ‘[t] here truly is no such thing as a former Marine, as after service our Marine Veterans are just as dedicated to advancing our Nation and defending its ideals.’ But there is no January 6 exception to those ideals.”

Machacek faces a maximum sentence of six months in prison and a $5,000 fine.

Machacek’s attorney hadn’t filed their sentencing memo as of late Friday afternoon.

Machacek was arrested Dec. 19 in Fayetteville. He has remained free on his own recognizance since his arrest.