Capitol rioter falsely accused of being double agent sentenced to probation
A man targeted by rightwing conspiracy theories about the US Capitol riot was sentenced on Tuesday to a year of probation for joining the January 6 attack by a mob of fellow Donald Trump supporters.
Ray Epps, a former Arizona resident who was driven into hiding by death threats, pleaded guilty in September to a misdemeanor charge. He received no jail time, and there were no restrictions placed on his travel during his probation, but he will have to serve 100 hours of community service.
He appeared remotely by video conference and was not in the Washington courtroom when chief judge James Boasberg sentenced him. Prosecutors had recommended a six-month term of imprisonment for Epps.
Epps’s sentencing took place in the same building where Trump was attending an appeals court hearing as the Republican former president’s lawyers argued he is immune from prosecution on charges he plotted to overturn the results of the 2020 election he lost.
The Fox News Channel and other rightwing media outlets amplified conspiracy theories that Epps, 62, was an undercover government agent who helped incite the Capitol attack to entrap Trump supporters.
Epps filed a defamation lawsuit against Fox News last year, saying the network was to blame for spreading baseless claims about him.
Epps told the judge that he now knows that he never should have believed the lies about a stolen election that Trump and his allies told and that Fox News broadcast.
“I have learned that truth is not always found in the places that I used to trust,” said Epps, who asked for mercy before learning his sentence.
The judge noted that many conspiracy theorists still refuse to believe that the Capitol riot was an insurrection carried out by Trump supporters. The judge said he hopes that the threats against Epps and his wife subside so they can move on with their lives.
“You were hounded out of your home,” the judge said. “You were hounded out of your town.”
Federal prosecutors have backed up Epps’s vehement denials that he was a government plant or FBI operative. They say Epps has never been a government employee or agent beyond serving in the US marines from 1979 to 1983.
The ordeal has forced Epps and his wife to sell their property and businesses and flee their home in Queen Creek, Arizona, according to his lawyer.
“He enjoys no golf, tennis, travel, or other trappings of retirement. They live in a trailer in the woods, away from their family, friends, and community,” attorney Edward Ungvarsky wrote in a court filing.
The internet-fueled accusations that upended Epps’s life have persisted even after the justice department charged him with participating in the January 6 siege.
“Fear of demented extremists has no apparent end in sight so long as those who spread hate and lies about Mr Epps don’t speak loudly and publicly to correct the messaging they delivered,” Epps’s lawyer wrote.
Epps pleaded guilty to disorderly
conduct on restricted grounds, a charge punishable by a maximum of one year behind bars. Prosecutors say Epps encouraged the mob to storm the Capitol, helped other rioters push a large metal-framed sign into a group of officers and participated in “a rugby scrumlike group effort” to push past a line of police officers.
A prosecutor, Michael Gordon, said Epps does not deserve to be inundated with death threats but should serve jail time for his conduct on 6 January 2021.
“He didn’t start the riot,” Gordon told the judge. “He made it worse.”
Epps’s lawyer sought six months of probation without any jail time. Ungvarsky said his client went to Washington
on 6 January 2021 to peacefully protest against the certification of the electoral college vote for Joe Biden over Trump.