Man who bragged he smoked weed in Capitol sentenced
An Ohio man who bragged on social media about smoking marijuana inside the U.S. Capitol building during the Jan. 6, 2021 insurrection has received a one-month prison sentence for his actions.
James Matthew Horning, 46, of New Holland, which straddles Fayette and Pickaway counties, pleaded guilty in October to one misdemeanor count of entering and remaining in a restricted building. Federal prosecutors dropped other charges.
U.S. District Judge for the District of Columbia Amy Berman Jackson sentenced Horning on Wednesday to 30 days incarceration followed by one year of supervised release. She also ordered Horning to pay $500 in restitution.
The judge could have sentenced Horning to up to six months in prison and ordered him to pay up to a $5,000 fine. Federal prosecutors had asked for a sentence of two months in prison.
Most of the Ohioans charged in connection with the Jan. 6, 2021 insurrection at the U.S. Capitol who have pleaded guilty have received five months in prison or less, a Dispatch analysis found.
Horning traveled on Jan. 6, 2021 to Washington, D.C., where he and his cousin, Jacob Hiles, of Virginia, attended former President Donald Trump’s “Stop the Steal” rally before joining the march to the U.S. Capitol and entering the building, Horning admitted in court documents.
Hiles was sentenced in December to two years of probation and ordered to pay $500 in restitution.
According to court documents filed by federal prosecutors, Horning smoked an unknown substance while inside the Capitol building.
Horning made multiple posts on Facebook in the days after Jan. 6, 2021 bragging about his involvement, according to court records. In one comment, Horning listed his reasons for traveling to Washington:
“3 reasons… to be there when history happens. To participate in anarchy. To smoke weed in government buildings,” Horning said in the comment. “The real reason was to intimidate congress… they have a 9% approval rating. We accomplished that. Maybe they will work on that because they know we could have got them and have mercy.”
Horning’s defense attorney, Assistant Federal Public Defender A.J. Kramer, said in a court document that Horning said some “regrettable” things online.
“Mr. Horning’s comments on social media were very short-lived and were a desperate attempt to defend himself and lash out against those who were describing him as some sort of terrorist,” Kramer said. “Notably, these comments were made at a time when Mr. Horning did not understand the full extent of what occurred on January 6, 2021.”
Kramer said Horning was not trying to intimidate Congress and Horning was not violent or aggressive that day.
Federal prosecutors pointed out in court documents that the Jan. 6, 2021 attack on the U.S. Capitol interrupted Congress’ certification of the 2020 Electoral College vote, and threatened the peaceful transfer of power to President Joe Biden.
During the riot, more than 100 police officers were injured and rioters caused more than $2.8 million in damages, according to the U.S. Department of Justice.