Texas man who stormed Capitol with gun gets longest prison term
A Texas man convicted of storming the U.S. Capitol with a holstered handgun, helmet, and body armor was sentenced Monday to more than seven years in prison, the longest sentence imposed so far among hundreds of Capitol riot cases. Prosecutors said Guy Reffitt told fellow members of the Texas Three Percenters militia group that he planned to drag House Speaker Nancy Pelosi out of the Capitol building by her ankles, “with her head hitting every step on the way down,” according to a court filing. Reffitt’s prison sentence — seven years and three months — is two years more than the previous longest prison sentence for a Capitol riot defendant. But it’s less than half the length of the 15-year prison term requested by a federal prosecutor, who called Reffitt a domestic terrorist and said he wanted to physically remove and replace members of Congress. Reffitt was the first person to go on trial for the January 6, 2021, attack, in which supporters of then-President Donald Trump halted the joint session of Congress for certifying Joe Biden’s 2020 electoral victory. U.S. District Judge Dabney Friedrich, who presided over Reffitt’s jury trial, also sentenced him to three years of supervised release after his prison term and ordered him to pay $2,000 in restitution. Sentencing guidelines calculated by the judge called for a term of imprisonment ranging from seven years and three months to nine years. Friedrich rejected prosecutors’ contention that an “upward departure for terrorism” — leading to a far longer sentence — was warranted in Reffitt’s case. It was the first time that prosecutors have requested that sentencing enhancement for a January 6 case. “He wanted to physically and literally remove Congress,” Assistant U.S. Attorney Jeffrey Nestler told the judge. “We do believe that he is a domestic terrorist.” Friedrich, however, questioned why Reffitt would merit the terrorism enhancement when many other rioters engaged in violence and made similarly disturbing threats. The longest sentence before Reffitt’s was five years and three months for two men who pleaded guilty to assaulting police officers at the Capitol. Reffitt, who already has been jailed for approximately 19 months, initially balked at speaking to the judge during Monday’s hearing. But he changed his mind during a lunch break and offered an expletive-laden apology to police officers, lawmakers, and congressional staffers who were at the Capitol on January 6. Calling himself “an idiot,” Reffitt struggled to explain why he stormed the Capitol. “It was a big blur,” he said. “It was just very chaotic and confusing.” Friedrich questioned the sincerity of Reffitt’s apology and expressions of remorse, noting that he has been publishing statements from jail in which he portrays himself and other rioters as patriots who were justifiably rebelling against a tyrannical U.S. government. “Not only are they not patriots, they are direct threats to our democracy and will be punished as such,” the judge said. Reffitt suggested that his fiery rhetoric from prison was hyperbole necessary to raise money to support his family. “I’m on the street if I don’t say something that would garner money for them,” he said. Defense attorney Clinton Broden asked for Reffitt to be sentenced to no more than two years in prison. Broden noted that Reffitt didn’t assault any law enforcement officers or enter the Capitol building. Videos captured the confrontation between outnumbered Capitol police officers and a mob of people, including Reffitt, who approached them on the west side of the Capitol. Reffitt was armed with a Smith & Wesson pistol in a holster on his waist, carrying zip-tie handcuffs, and wearing body armor and a helmet equipped with a video camera when he advanced on the officers, according to prosecutors. He retreated after an officer pepper sprayed him in the face, but he waved on other rioters who ultimately breached the building, prosecutors said. Reffitt didn’t testify at his trial before jurors convicted him in March of all five counts in his indictment. The jury found him guilty of obstructing Congress’ joint session, of interfering with police officers outside the Capitol, and of threatening his two teenage children if they reported him to law enforcement. Reffitt’s 19-year-old son, Jackson, testified that his father told him and his sister, then 16, that they would be traitors if they reported him to authorities and warned them that “traitors get shot.” Guy Reffitt was a member of the Texas Three Percenters militia group, according to prosecutors. The Three Percenters movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British. Reffitt lived with his wife and children in Wylie, Texas, a Dallas suburb. He drove to Washington, D.C., with Rocky Hardie, a fellow member of the militia group. Hardie testified that both of them were armed with holstered handguns when they attended Trump’s “Stop the Steal” rally before the riot. Hardie also said Reffitt gave him two pairs of zip-tie cuffs in case they needed to detain anybody. More than 840 people have been charged with federal crimes related to the riot. Over 340 of them have pleaded guilty, mostly to misdemeanors. More than 220 have been sentenced, with nearly half of them receiving terms of imprisonment. Approximately 150 others have trial dates stretching into 2023. Reffitt is one of seven Capitol riot defendants to get a jury trial so far. Jurors have unanimously convicted all seven of them on all counts in their respective indictments. Republished with the permission of The Associated Press.
First trial in Capitol riot ends in conviction on all counts
A Texas man was convicted on Tuesday of storming the U.S. Capitol with a holstered handgun, a milestone victory for federal prosecutors in the first trial among hundreds of cases arising from last year’s riot. A jury also convicted Guy Wesley Reffitt of obstructing Congress’ joint session to certify the Electoral College vote on January 6, 2021, of interfering with police officers who were guarding the Capitol and of threatening his two teenage children if they reported him to law enforcement after the attack. Jurors deliberated about three hours and convicted him on all counts. The verdict could be a bellwether for many other Capitol riot cases. It could give Justice Department prosecutors more leverage in plea negotiations and discourage other defendants from gambling on trials of their own. Gregg Sofer, a former federal prosecutor who served as U.S. attorney for the Western District of Texas from October 2020 to February 2021, said before Reffitt’s trial started that it would be “the canary in the coal mine.” “If you’re a defendant awaiting trial at this point, the canary just died,” said Sofer, now a partner at the law firm Husch Blackwell. “I do think it is likely to affect people’s perceptions about the likelihood of their success.” Reffitt, 49, of Wylie, Texas, didn’t testify at his trial, which started last Wednesday. He showed little visible reaction to the verdict, but his face was covered by a mask. Outside court, his wife Nicole said the verdict was “against all American people. If you’re going to be convicted on your First Amendment rights, all Americans should be wary. This fight has just begun.” She said her husband was being used as an example by the government. “You are all in danger,” she said. In a statement after the verdict, U.S. Attorney Matthew Graves in Washington thanked the jury “for upholding the rule of law and for its diligent service in this case.” During the trial’s closing arguments on Monday, Assistant U.S. Attorney Risa Berkower told jurors that Reffitt drove to Washington, D.C., intending to stop Congress from certifying President Joe Biden’s electoral victory. Reffitt proudly “lit the fire” that allowed others in a mob to overwhelm Capitol police officers near the Senate doors, the prosecutor said. Reffitt was not accused of entering the Capitol building. Defense attorney William Welch said there is no evidence that Reffitt damaged property, used force, or physically harmed anybody. He will be sentenced on June 8. He could receive 20 years in prison on the top charge alone, but he’s likely to face far less time behind bars. Other rioters have pleaded guilty; the longest sentence so far is five years and three months for Robert Palmer, a Florida man who pleaded guilty to attacking police officers at the Capitol. The riot resulted in the deaths of five people, including a police officer. More than 100 officers were injured. Rioters caused over $1 million in damage to the Capitol. U.S. District Judge Dabney Friedrich presided over Reffitt’s trial. Donald Trump nominated her in 2017. Welch has said Reffitt worked as a rig manager and as a consultant in the petroleum industry before COVID-19 restrictions effectively shut down his business. Jurors saw videos that captured the confrontation between a few Capitol police officers and a mob of people, including Reffitt, who approached them on the west side of the Capitol. Reffitt was armed with a Smith & Wesson pistol in a holster on his waist, carrying zip-tie handcuffs and wearing body armor and a helmet equipped with a video camera when he advanced on police, according to prosecutors. He retreated after an officer pepper sprayed him in the face, but he waved on other rioters who ultimately breached the building, prosecutors said. Before the crowd advanced, Reffitt used a megaphone to shout at police to step aside and to urge the mob to push forward and overtake officers. Assistant U.S. Attorney Jeffrey Nestler said Reffitt played a leadership role that day. During last Friday’s testimony, prosecutors zoomed in on a video image of Reffitt at the Capitol. FBI Special Agent Laird Hightower said the image shows “a silvery metallic linear object” in a holster protruding from under Reffitt’s jacket as he leaned forward. Shauni Kerkhoff, who was one of the Capitol police officers who tried to repel Reffitt, said she launched pepper balls that didn’t stop him from advancing. She testified that Reffitt appeared to be leading the crowd upstairs toward police. Reffitt’s 19-year-old son, Jackson, testified last Thursday that his father threatened him and his sister, then 16, after he drove home from Washington. Reffitt told his children they would be traitors if they reported him to authorities and said, “traitors get shot,” Jackson Reffitt recalled. He said the threat terrified him. His younger sister, Peyton, was listed as a possible government witness but didn’t testify. She said that she would talk more later on her own time, but: “Kids should never be used against the parents.” Jackson Reffitt used a cellphone app to secretly record his father boasting about his role in the riot. Jurors heard excerpts of that family conversation. Jackson Reffitt initially contacted the FBI on Christmas Eve, less than two weeks before the riot, to report concerns about his father’s behavior and increasingly worrisome rhetoric. But the FBI didn’t respond until January 6, after the riot erupted. Another key witness, Rocky Hardie, said he and Reffitt were members of the “Texas Three Percenters” militia group. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British. Hardie drove from Texas to Washington with Reffitt. He testified that both of them were armed with holstered handguns when they attended then-President Donald Trump’s “Stop the Steal” rally before the riot erupted. Reffitt also took an AR-15 rifle to Washington but left it locked up in his car, Hardie said. Hardie said Reffitt talked about dragging lawmakers out of the Capitol and replacing them with people who
