At 2 p.m. we have a sentencing hearing for Andrew Ryan Bennett, a Maryland Proud Boy who pleaded guilty in July to one misdemeanor count. The DOJ is asking for him to serve 3 months of home confinement + 3 years of probation. wusa9.com/article/news/n…#CapitolRiot@wusa9
There's also a sentencing hearing at the same time for Danielle Doyle, of Oklahoma. Doyle pleaded to the same parading charge as Bennett. The DOJ is asking for her to serve 2 months of home confinement + 3 years of probation.
Ok, the sentencing hearing for Andrew Ryan Bennett is getting started in Judge James Boasberg's courtroom. DOJ is explaining the terms of the home confinement they are asking for. He would be able to continue working and leave home for medical appointments/legal obligations.
Judge Boasberg, who sentenced Derek Jancart and Erik Raue earlier this week to 45 days in jail, wants the DOJ to explain to him why they're asking for home confinement for Bennett instead of jail time.
DOJ is describing Andrew Bennett as more of an "admirer" of the Proud Boys than an actual member. But notes he shared their posts online and was wearing a Proud Boys "FAFO" shirt on January 6.
DOJ says what distinguishes Jancart/Rau case from Bennett is that they "expressed violent rhetoric outside the Capitol and we don't have that here." Says Bennett tried to convince other rioters not to assault police. "That's a very significant distinction."
Bennett's attorney, Carlos Vanegas, says his client got "caught up in falsehoods and conspiracies." Judge asks him same question: why should he get less time than Jancart/Rau? He says Bennett was not a veteran, like Derek Jancart. Also says he didn't encourage the violence.
Since it keeps coming up, here's Wednesday's story on the Derek Jancart/Erik Rau sentencing. wusa9.com/article/news/n…
Vanegas says January 6 was an "anomaly" in Andrew Bennett's life. He's trying to convince Judge Boasberg to give his client three years of probation + court-ordered community service.
Andrew Ryan Bennett: "I'd like to apologize to you and the country for entering the Capitol. I was not thinking clearly, pumped up on adrenaline as I was. What I did was wrong and I hold myself accountable for my actions."
Judge Boasberg is going through the aggravating/mitigating factors now. Aggravating: Post on January 4 saying "chaos is coming." Mitigating: Multiple attempts to prevent other rioters from attacking police.
Judge Boasberg says he "very rarely" goes above what DOJ asks for, but notes if they had asked for jail time here, he might have granted it.
They didn't, though, so he's sentencing Andrew Bennett to 2 years probation, first 3 months on home confinement. 80 hrs community service.
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Listening to a bond review hearing now for Thomas Sibick, of New York, who is accused of robbing Officer Michael Fanone. His attorney says he "just reached his hands out... and the officer's items were there." wusa9.com/article/news/n…#CapitolRiot@wusa9
Judge Amy B. Jackson presses back on that. Points out that Sibick grabbed Fanone's badge and radio in different hands, not in the same motion.
Sibick's attorney is claiming Sibick was trying to help Fanone when he reached for him.
You can watch the video the DOJ has released of Sibick grabbing Fanone's badge and radio below.
His attorney is saying now Sibick tried to use Fanone's radio to call for help for him. DOJ says Sibick didn't press radio button until 17 minutes later.
We have a status hearing starting now for former Special Forces soldier Jeffrey McKellop. He's on the line, irate, with his attorney. wusa9.com/article/news/n…
The DOJ says a plea offer remains pending in the case, but they have not had further conversations with McKellop's attorney about that. DOJ is asking for another status hearing in 30 days.
McKellop has asked Judge Carl Nichols to reconsider his detention status. DOJ says they oppose that, and also that he can't meet the conditions required to reopen a detention hearing anyway.
Up next we have a plea hearing for Troy Smocks, of Texas. The DOJ says Smocks, who came to D.C. on January 6, repeatedly made threats toward Congress on the right-wing social media platform Parler under the name "ColonelTPerez." #CapitolRiot@wusa9
In addition to the charge he faces from the Capitol riot, Troy Smocks has a lengthy criminal history, including multiple instances of impersonating military and government officials.
Smocks is represented in this case by attorney John Machado. The government will be represented by AUSA Michael Friedman.
Today at 11 and 11:30 we have sentencing hearings for Derek Jancart and Erik Rau. The men pleaded guilty in July, and face up to 6 months in prison. The DOJ is asking for 4.
Derek Jancart is up first. Despite Judge Lamberth's admonition that he didn't want Anna Morgan-Lloyd's probation-only sentence to be viewed as precedent, Jancart's attorney is referencing it here as a factor in giving his client probation instead of prison.
The DOJ says a video filmed by Jancart's friend, Erik Rau, which Jancart then posted to Facebook, shows him "celebrating" the violence against police on January 6. Also says he deleted the video from his phone in an attempt to destroy evidence.
We're getting started with the plea hearing for Dawn Bancroft before Judge Emmet G. Sullivan. She's pleading guilty to parading, demonstrating or picketing in a Capitol building, a misdemeanor charge. #CapitolRiot@wusa9
Judge Sullivan asks Dawn Bancroft why she is pleading guilty today.
"I would like to accept responsibility for what I did, my part, in January 6," she says.
Dawn Bancroft is wearing the red ski cap in the front of the picture. Her friend Diana Santos-Smith is in the red cap in the back. Both are "Make America Great Again" branded.