In this post a few weeks ago, I noted that federal prosecutors had started talking up the prospect of seeking jail time even in some of the January 6 riot cases that were resolved through only misdemeanor charges. Today, as reported in this new AP piece, headlined "Ohio friends sentenced to 45 days for U.S. Capitol riot Jan. 6," jail time for two January 6 misdemeanants became a reality:
Federal prosecutors assert that everybody who stormed the U.S. Capitol on Jan. 6 should be evaluated individually when deciding whether a prison sentence is warranted. On Wednesday, a judge accepted the Justice Department’s assessment that two friends from Ohio fall into a category of rioters who deserve to be incarcerated.
U.S. District Judge James Boasberg sentenced Derek Jancart and Erik Rau to 45 days in jail. Prosecutors had recommended four months of imprisonment for both men. They must report to jail by Nov. 29. The jail sentences for Jancart and Rau could become benchmarks for how the courts resolve many other Capitol insurrection prosecutions, a caseload that tops 600 defendants and grows by the week.
Like most of the insurrectionists who have pleaded guilty so far, Jancart and Rau aren’t accused of engaging in any violence or destruction at the Capitol or of conspiring to stop Congress from certifying President Joe Biden’s electoral victory. Defense attorneys compared their actions to those of other Capitol riot defendants who avoided prison sentences after pleading guilty to non-violent misdemeanors.
But prosecutors cited several factors in arguing that prison, not probation, was the appropriate sentence for both men — and will be in many other cases. They said Jancart, an Air Force veteran, prepared for violence on Jan. 6 by bringing a gas mask and two-way radios to Washington. Rau, a steel mill worker, brought a medical kit and Kevlar-lined gloves.
They said Jancart and Rau spent 40 minutes inside the Capitol, reaching House Speaker Nancy Pelosi’s conference room. Jancart celebrated the violence on social media and didn’t show any remorse when the FBI arrested him, according to prosecutors. They said Rau screamed, “We have you surrounded!” at police officers and shouted, “Go, go, go!” and “Yeah, they just pushed through the guards!” Those statements are “akin to inciting a riot and contributed to the environment of terror on that day,” prosecutors said.
“This was not a protest,” prosecutors wrote. “And it is important to convey to future rioters and would-be mob participants — especially those who intend to improperly influence the democratic process — that their actions will have consequences.”
The judge told Jancart and Rau that they and other rioters tried to undermine the peaceful transfer of power after a democratic election. “There are few actions that are as serious as the one this group took on that day,” Boasberg said.
Jancart and Rau apologized and expressed remorse for their actions. “I did get caught up in the moment,” Jancart said. “I just kind of followed the crowd and let my curiosity get the best of me.”
“There is no excuse for my actions on Jan. 6,” Rau said. “I 100% know better than to do what I did that day.”
Jancart was arrested at his Ohio home in February. Rau was arrested in July. Both men pleaded guilty to disorderly conduct in a Capitol building, a misdemeanor that carries a maximum sentence of six months’ imprisonment.
Over 80 defendants have pleaded guilty to riot-related offenses, but only seven others besides Jancart and Rau have been sentenced so far. A Florida man who entered the U.S. Senate chamber was sentenced to eight months in prison. Two were sentenced to time served after six months in jail. Two were sentenced to house arrest. Two others received probation.
Probationary sentences “should not necessarily become the default,” prosecutors wrote. “Those who trespassed, but engaged in aggravating factors, merit serious consideration of institutional incarceration. While those who trespassed, but engaged in less serious aggravating factors, deserve a sentence more in line with minor incarceration or home confinement,” they added....
More than 50 other rioters are scheduled to be sentenced before the end of 2021.
Some of many prior related posts:
- "Many Capitol rioters unlikely to serve jail time" because some facing only misdemeanor convictions
- Noting the importance of charging policies and practices (and consistency?) as federal rioting charges get resolved from coast-to-coast
- Harsh penal treatment of some Capitol rioters being criticized by notable progressive
- New plea deals sets possible new precedent for resolving low-level Capitol riot prosecutions with single misdemeanor with 6 month jail maximum
- Notable education efforts prior to sentencing of minor participant in Capitol riot (who seems likely to get probation)
- Feds advocate for (mid-guideline) prison term of 18 months for first Jan 6 defendant due to be sentenced on felony charge
- First Jan 6 rioter to be sentenced on felony charges gets (below-guideline) sentence of eight months in federal prison
- Federal judges expressing some concern about lenient plea deals for some Capitol riot defendants
- Notable accounting of federal prosecutions and sentences responding to riots both before and during January 6
- Federal prosecutors signal they will be seeking jail time for some Capitol riot misdemeanants
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