USA TODAY International Edition

Jan. 6 rioters’ sentences could get more severe

Serious cases expected to bring years in prison

- Bart Jansen

WASHINGTON – The longest prison term in the Capitol attack on Jan. 6, 2021, came Monday when Texan Guy Reffitt was sentenced to more than seven years behind bars. But legal experts expect multi- year sentences to become more common as misdemeano­r plea bargains give way to conviction­s for rioters accused of more serious crimes like assaulting police, obstructin­g Congress and seditious conspiracy.

Reffitt, a member of the Three Percenters militia, was convicted by a jury of five charges including obstructio­n of an official proceeding and transporti­ng a firearm in support of civil disorder. Prosecutor­s said Reffitt, wearing a holstered handgun and body armor, led others attacking police on the West Front of the Capitol and had threatened House Speaker Nancy Pelosi, D- Calif.

“He and others contribute­d to the many assaults on law enforcemen­t officers that day, putting countless more people – including legislator­s – at risk,” said Matthew Graves, U. S. attor

“Just entering is a misdemeano­r. Beating up on police is, ‘ We’re going to throw the book at you.’ ” Paul Rosenzweig Former federal prosecutor

ney for the District of Columbia.

Nearly all of the 14 cases so far in which defendants received more than a year in prison involved assaults against police. A few cases resulted from threats against Pelosi or police. And in one case, a man parked a truckload of weapons near the Capitol.

The pace of charges and sentences without incarcerat­ion have been contentiou­s throughout the Justice Department investigat­ion that has charged more than 850 defendants in the riot. But sentences are getting longer as more serious cases are resolved. Trials are pending for extremists facing the most serious charges of seditious conspiracy, including members of the far- right groups Oath Keepers and Proud Boys.

Prosecutor­s filed a court document May 11 that said more than half the 171 sentences by that point ordered no jail time.

•In the 99 cases in which defendants weren’t put behind bars, prosecutor­s had asked for incarcerat­ion in half of them, but judges instead ordered probation or home detention.

•Among the 72cases with jail terms, conviction­s for assaulting police and obstructin­g Congress carried the stiffest penalties. Federal guidelines called for four years in prison for aggravated assault when someone had no criminal record, but several sentences ran longer than that.

“Generally, I think these are pretty stiff sentences,” said Jeffrey Cohen, a former prosecutor who is now an associate law professor at Boston College. “I suspect people who are getting these longer sentences were people who were instigatin­g the violence and really trying to hurt these officers.”

Paul Rosenzweig, a former federal prosecutor and senior counsel on the Whitewater investigat­ion of President Bill Clinton who now manages Red Branch Consulting for cybersecur­ity, said the charges and penalties generally make sense so far.

“It’s separating the idiots from the leaders,” he said. “Just entering is a misdemeano­r. Beating up on police is, ‘ We’re going to throw the book at you.’ ”

The 99 sentences without jail time came with home detention or probation, community service or restitutio­n of $ 500 in most cases. Fines ran as high as $ 5,000 in five cases, whether the defendant was incarcerat­ed or not.

In most of the 72 cases with incarcerat­ion, sentences ran no more than a couple of months. The 14 defendants facing a year or more in jail make up a small portion of all convicted defendants.

But more serious penalties could mean longer sentences are looming. “If they’re convicted of seditious conspiracy, I suspect those people will be seeing quite a long sentence,” Cohen said.

Some of the toughest penalties went to people who assaulted police:

•Mark Ponder, who was 56 at sentencing July 26, got 63 months in prison for assaulting three police officers by swinging poles at them.

•Robert Scott Palmer, who was 54 at sentencing in December, got 63 months in prison for assaulting police with a wooden plank and fire extinguish­er.

•Duke Wilson, who was 68 when sentenced in March, got 51 months in prison for assaulting police by punching and kicking them, pulling down their shields and helmets and striking them with a plastic pipe.

•Devlyn Thompson, who was 28 when sentenced in December, got 46 months in prison for fighting police and striking one with a baton.

•Nicholas Languerand, who was 26 when sentenced in January, got 44 months in prison, 24 months of supervised release and a $ 2,000 fine for fighting police and throwing objects at officers.

Other long sentences went to defendants who brought weapons to Washington or threatened officials.

•Lonnie Leroy Coffman, who was 72 and a U. S. Army veteran when sentenced in April, got 46 months in prison for possession of an unregister­ed firearm and carrying a pistol without a license. He drove from Alabama and parked a truck near the Capitol filled with Molotov cocktails, a 9 mm handgun, a rifle, a shotgun, hundreds of rounds of ammunition, a crossbow, a machete and mason jars filled with homemade napalm.

•Cleveland Meredith, who was 53 when sentenced in December, got 28 months in prison for threatenin­g to kill Pelosi. He arrived in Washington after the riot but sent a series of threatenin­g texts, including one about Pelosi saying he would put “a bullet in her noggin on Live TV.” Police arrested him at a Holiday Inn a mile from the Capitol, where he had an assault- style rifle with a telescopic sight, a 9 mm semi- automatic firearm, more than 2,500 rounds of ammunition and multiple high- capacity magazines.

A large portion of the conviction­s have been for misdemeano­rs such as parading inside the Capitol. At a sentencing in October, U. S. District Judge Beryl Howell questioned how prosecutor­s could argue the attack was a threat to democracy and then request sentences with little or no jail time.

“No wonder parts of the public in the U. S. are confused about whether what happened on Jan. 6 at the Capitol was simply a petty offense of trespassin­g with some disorderli­ness or shocking criminal conduct that represente­d a grave threat to our democratic norms,” said Howell, the district’s chief judge. “Let me make my view clear: The rioters were not mere protesters.”

At a House Judiciary Committee hearing in October, Rep. Pramila Jayapal, D- Wash., asked Attorney General Merrick Garland about the pace of prosecutio­ns after the first defendants were sentenced nine months after the worst attack on the Capitol since the War of 1812. Garland defended the pace as “not really long at all” because of the complexity of the investigat­ion, which involved 650 defendants at that point.

Jayapal also questioned whether lenient sentences would serve as a deterrent given the gravity of the attack, compared with yearslong sentences white supremacis­ts received for the 2017 rally in Charlottes­ville, Virginia.

Garland said judges ultimately decide sentences.

Cases of seditious conspiracy could yield much longer sentences because the charges carry maximum sentences of 20 years in prison.

 ?? JOHN MINCHILLO/ AP ?? A more than seven- year prison term handed down Monday is the longest so far for those charged in the Capitol riot on Jan. 6, 2021.
JOHN MINCHILLO/ AP A more than seven- year prison term handed down Monday is the longest so far for those charged in the Capitol riot on Jan. 6, 2021.

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