NY costumed man gets prison term for Capitol riot

A New York City judge’s son who stormed the U.S. Capitol wearing a furry “caveman” costume was sentenced on Friday to eight months in prison.

U.S. District Judge James Boasberg said Aaron Mostofsky was “literally on the front lines” of the mob’s attack on Jan. 6, 2021.

“What you and others did on that day imposed an indelible stain on how our nation is perceived, both at home and abroad, and that can’t be undone,” the judge told Mostofsky, 35.

Judge Boasberg also sentenced Mostofsky to one year of supervised release and ordered him to perform 200 hours of community service and pay $2,000 in restitution.

Mostofsky had asked the judge for mercy, saying he was ashamed of his “contribution to the chaos of that day.”

“I feel sorry for the officers that had to deal with that chaos,” said Mostofsky, who must report to prison on or after June 5.

Also on Friday, a federal judge agreed to postpone a trial in July for members of the far-right Oath Keepers militia group charged with conspiring to forcefully halt the peaceful transfer of power after President Joe Biden’s 2020 electoral victory.

A first jury trial for five of nine Oath Keepers members charged with seditious conspiracy will now start on Sept. 26. A second trial for the other four defendants is scheduled to start on Nov. 29.

U.S. District Judge Amit Mehta agreed to give defense lawyers more time to prepare for trial but indicated that he isn’t inclined to grant another delay. A few defense attorneys expressed concern about the possible impact if a congressional panel investigating the Jan. 6 riot releases its report around the same time as the first trial.

More than 780 people have been charged with federal crimes related to the Capitol riot. Over 280 of them have pleaded guilty, mostly to misdemeanors. More than 160 defendants have been sentenced, including over 60 who have been sentenced to terms of imprisonment ranging from 14 days to five years and three months.

In Mostofsky’s case, federal sentencing guidelines recommended a prison sentence ranging from 10 to 16 months. Prosecutors recommended a sentence of 15 months in prison followed by three years of supervised release.

Mostofsky was one of the first rioters to enter the restricted area around the Capitol and among the first to breach the building itself, through the Senate Wing doors, according to prosecutors. He pushed against a police barrier that officers were trying to move and stole a Capitol Police bulletproof vest and riot shield, prosecutors said.

Inside the building, Mostofsky followed rioters who chased Capitol Police Officer Eugene Goodman up a staircase toward the Senate chambers. He took the police vest and shield with him when he left the Capitol about 20 minutes after entering.

Mostofsky was carrying a walking stick and dressed in a furry costume. He told a friend that the costume expressed his belief that “even a caveman” would know that the 2020 presidential election was stolen from former President Donald Trump.

Mostofsky frequently wears costumes at events, according to his lawyers.

He has worked as an assistant architect in New York. His father, Steven Mostofsky, is a state court judge in Brooklyn.