Happening now: Sentencing hearing for Anthony Mariotto, of Florida. DOJ says Mariotto was part of and filmed a crowd that charged through police as they yelled, "Hands up don't shoot!" and "I can't breathe!" #CapitolRiot
Prosecutors play a video of rioters, including Mariotto, walking through the Capitol banging on doors and trying to open them. Says we know there were staffers at the time hiding from the rioters. "What would have happened if they'd found someone?"
DOJ says it's "particularly concerning" to the government that Mariotto was part of the crowd that went around banging on doors and yelling "Where are the traitors!?" Mariotto eventually made it into the Senate Gallery.
"Your honor, Mr. Mariotto's conduct that day is some of the most egregious we've seen with regards to people just charged with misdemeanors," DOJ says. That's why they're asking for him to serve 4 months in jail.
Anthony Mariotto's attorney says as a result of his arrest in the #CapitolRiot, he lost more than $300,000 in salary in bonuses from his job. He said that's "more than 15% of his usual salary." Easily one of the wealthiest people who stormed the Capitol on January 6.
Mariotto's attorney says he's "as close to zero as anybody could be for reoffending." Also says putting him in jail puts his employment and his company at risk. He works in commodities trading.
Mariotto's attorney suggests probation and a $5,000 fine would be a more appropriate punishment than jail time.
"Actions speak louder than words, but words, unfortunately, are why the events of January 6 occurred. Because someone wasn't willing to be a gracious loser," Judge Walton says.
Judge Walton says he has to consider the corrections staff and other inmates he would be putting at risk if he sent Anthony Mariotto, who is unvaccinated, to jail. "Obviously he shouldn't get a benefit for not being willing to protect himself and other people..."
DOJ: "The fact of the matter is, Mr. Mariotto has chosen not to vaccinate himself. Every time he's on the street he's exposing other people."
Anthony Mariotto steps up to the mic. Starts to take off his mask, but Judge Walton reminds him he's unvaccinated. He then apologizes and loudly coughs. "I'm nervous, your honor."
"I'm Italian, your honor. I trash talk," Mariotto offers as an explanation for the things he can be heard saying on January 6. "I got caught up and I ran my mouth."
"I'm hoping that now the rule of law and equal justice kicks in," Mariotto says. "That's really all we have left in this country: the rule of law."
"I wish everybody would come together. We're so divided in this country," Mariotto says. "Vaccines. Masks." (He's unvaccinated.)
Judge Walton repeats himself from Mariotto's plea hearing. Says January 6 has undermined the credibility of America in the world community. Says it's going to affect his ability to teach about democracy around the world.
Mariotto says on January 6 he "really believed" the election was stolen. Now he's "questioning myself." Doesn't go as far as saying the election wasn't stolen. Says if Trump thought it was going to be stolen, he should have had "everything in place."
"What people did on January 6 was not patriotic. It was anything but patriotic," Judge Walton says.
"There has to be a cost, otherwise, why not do it again?" Judge Walton says.
Judge Walton says "despite my inclination" he's not going to sentence Anthony Mariotto to jail time.
🚨 SENTENCE: U.S. District Judge Reggie Walton sentences Anthony Mariotto, of Florida, to 36 months of probation + a $5,000 fine and 250 hours of community service for one count of parading, demonstrating or picketing in a Capitol building. #CapitolRiot@wusa9@EricFlackTV
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Robert Chapman tells Judge Contreras he has an associate's degree. Has never been treated for a psychiatric illness. Not under the effect of any drugs or alcohol.
DOJ reading the facts of the case now. Robert Chapman traveled from NY to see Trump speak. Entered the Capitol around 2 p.m. Was inside the building for ~45 minutes. Took photos in Statuary Hall and posted them to social media.
We've heard a lot about Oath Keeper planning leading up to January 6, but in a new filing, the DOJ lays out specific statements from Thomas "Commander Tom" Caldwell *during* the #CapitolRiot it says show an agreement with those around him to take the Capitol. @wusa9@EricFlackTV
There's also more about the "quick reaction force" staged at the Comfort Inn in Ballston "should things go high order."
Plus, new messages from Oath Keepers president Stewart Rhodes (Person 1) saying OKs would have "no choice" but to act if Trump failed to do so. #CapitolRiot
As I wrote about earlier this month, Oath Keepers president Stewart Rhodes has still not been charged in the case — and defense attorneys want to know if he's going to be or not. wusa9.com/article/news/n…
The government is asking today for Andrew Hatley to serve 2 months of home detention and 3 years of supervised probation. His attorney says 1 month of probation and community service is sufficient.
DOJ says Hatley's actions were on the lower end. He entered the building, posed for photos in the crypt, and then left after minutes. But he also admitted to FBI he saw the chaos as he came to the Capitol, climbed through a broken window.
You can see the man the DOJ has identified as Justin Jersey in this BWC video while he and other defendants, including Jeffrey Sabol and Jack Wade Whitton, repeatedly attack police. wusa9.com/article/news/n…
The DOJ is asking for three months of home detention for Brandon Miller and two months for Stephanie, along with 36 months of probation for each. DOJ is asking for the extra month for Brandon due to his live streams during and after downplaying the #CapitolRiot.
Stephanie Miller kept her #CapitolRiot messages in the DMs, writing that, "We're hoping we don't get charges, but we'll proudly take them if so." She also wrote that she and her husband "enjoyed every part of what we did and was a part of."