Attorneys debating Arkansan’s penalty

Federal prosecutors say Robert Thomas Snow of Heber Springs should spend 14 days in jail for illegally entering the U.S. Capitol on Jan. 6, 2021.

Snow’s attorney said a $ 500 fine and no jail time would be sufficient.

“Mr. Snow is a 78-year-old veteran, engineer and pilot, who worked on the NASA Program,” his attorney, Christopher Macchiaroli, wrote in his sentencing memorandum.

Snow has no prior criminal record, has cooperated with investigators and has “serious debilitating medical conditions,” Macchiaroli wrote.

Both sides filed sentencing memorandums on Thursday. Snow is scheduled to be sentenced Thursday by teleconference in federal court in the District of Columbia.

Snow pleaded guilty to one count of violating 40 U.S.C. § 5104(e)(2)(G): parading, demonstrating or picketing in the Capitol Building, which carries a maximum sentence of six months in jail, according to Macchiaroli.

Snow has agreed to pay $500 restitution.

Besides 14 days in jail and restitution, federal prosecutors want Snow to be sentenced to three years of probation and 60 hours of community service, according to the filing from Assistant U.S. Attorney Alison Prout.

“A sentence of 14 days of incarceration and three years’ probation is appropriate here,” wrote Prout, “because: ( 1) Snow walked through chaos on the West Plaza before reaching the Capitol Building, witnessing police using riot control agents as members of the crowd became violent; (2) he entered the U.S. Capitol Building just two minutes after the door he walked through had been violently breached; (3) once inside, Snow encouraged other rioters by waving them in and patting them on the back as they entered; and (4) he remained inside for 43 minutes, penetrating all the way to the 3rd floor of the Capitol building where few other rioters ventured and where many staff offices are located, and he left only after being directed by law enforcement officers to get on the ground and then to exit the building.”

Snow walked through an open door and didn’t harm anyone, according to Macchiaroli’s filing.

“On January 6, 2021, Robert Thomas Snow walked into the United States Capitol,” wrote Macchiaroli. “He entered through an open door. While inside, he did not break, damage, or steal any property; hurt, injure, accost, or threaten law enforcement (or anyone else); go into any private office space or proceed to the well of the House or the Senate. Mr. Snow was not involved in planning or leading any of the activities that the crowd was engaged in on January 6, 2021, nor was he associated with any of the groups reported to be responsible for aspects of what occurred that day.”

What Snow did that day will be a blemish on his record, according to Macchiaroli.

“His association with that day constitutes a permanent blemish on his record and is etched in stone, with dozens of stories and articles on the internet about his arrest,” according to the filing. “This has resulted in Mr. Snow receiving threats to his personal safety, the recordings of which were shared with local law enforcement and the Government.”

Snow immediately accepted responsibility, wrote Macchiaroli.

“After his voluntary surrender, Mr. Snow was shackled in a cold prison cell in Arkansas for over five hours while awaiting his initial presentment on misdemeanor charges,” according to the filing. “Upon presentment, Mr. Snow immediately accepted responsibility in this case, did not file a single motion, nor did he request additional discovery from the Government. Mr. Snow actually requested that his status hearing be moved up so that he could enter a guilty plea earlier than when it was initially scheduled.”

Macchiaroli cited a U.S. Probation report that noted that Snow has “serious medical issues,” including being legally blind in one eye.

“Contrary to the Government’s assertion otherwise, this is not a case that warrants incarceration,” wrote Macchiaroli. “With indignation reserved for a violent lifelong criminal, the Government brushes aside Mr. Snow’s previously unblemished life, extensive service to our country, and serious debilitating medical conditions, as irrelevant and unpersuasive. While the Government has a compelling obligation to prosecute those involved in the events of January 6, 2021, in doing so, it cannot lose its perspective and forget its obligations to be just, fair, and consistent in the process.”

Snow had a steady history of gainful employment before his retirement, according to the presentence report.

“Snow also served in the military for six years in the 1960s,” Prout wrote in Thursday’s memorandum. “While his military service is laudable, he should have understood from that service the danger to the United States of rioters storming the Capitol building.

“The defense will likely argue that Snow’s age and health problems should weigh against a sentence of incarceration,” wrote Prout. “On the contrary, Snow’s conduct demonstrates that neither his age nor his health limited his actions on January 6. He drove by himself about 30 hours roundtrip to Washington, D.C., and back. He walked about 1.5 miles to the Capitol after attending the rally at the Ellipse, walked across the West Plaza while tear gas and projectiles were being exchanged, and still spent 43 minutes walking throughout the Capitol Building with a cooler around his shoulders the entire time.”

In a letter to U.S. District Judge Timothy J. Kelly in the District of Columbia, Snow wrote, “In reviewing video, I have seen myself pat people on the back, raise my fist in the air, and say to others, ‘your house.’

“I have searched my soul as I said, trying to find out my own explanation and motivation for those actions and what my mindset was that afternoon,” wrote Snow. “I can only offer, that I was part of an intense protest of thousands of people, for some five or more hours earlier and my mind was caught up in the moment. I believe that feeling was overwhelming and carried over in my mind, as I entered that building.

“Please know that I never wanted harm to come to anyone because that is not the person that I am. Regardless, I am truly sorry for the choice that I made. It will live with me for the rest of my life. This event has been life changing for my family. People who were friends have turned their back on me, people who see me and my wife, walk the other way. Once I was a respected man in the community, now I am a pariah. Having never been confronted with arrest, I will never rid myself of those terrible hours in that jail cell, chained from the hands to my waist and to my feet and all four extremities cuffed. People also actually and unfortunately, hate me enough, due to the local and national press stories, that they threatened harm to me.”

On Jan. 4, Snow voluntarily surrendered to the FBI after a warrant was issued for his arrest on four misdemeanor charges, according to Macchiaroli. Snow appeared before a magistrate judge in federal court in Little Rock and was released on his personal recognizance. He has remained free ever since. Three of the charges were dropped as part of a plea agreement.

Snow is the only one of Arkansas’ four Capitol riot defendants who has pleaded guilty.

Richard “Bigo” Barnett, 62, of Gravette and Peter Francis Stager, 43, of Conway face felony charges in connection with the riot. Jon Thomas Mott, 39, of Yellville faces only misdemeanor charges.

The Jan. 6 riot escalated from a “Stop the Steal” rally. Supporters of former President Donald Trump entered the Capitol and attempted to stop Congress from certifying the Electoral College vote indicating that Joe Biden had won the presidential election.