WASHINGTON — A Trump supporter who engaged in a battle with legislation enforcement officers on the Capitol on Jan. 6 after which bragged about his conduct on the pro-Trump discussion board “The Donald,” was sentenced Wednesday to 6½ years in federal jail.
Jose Padilla was sentenced to 78 months by U.S. District Decide John Bates, who convicted Padilla, 43, a disabled Military veteran, on 10 counts at a bench trial in Could.
Federal prosecutors sought simply over 14 years in jail, which might have been among the many 10 longest sentences given to Jan. 6 rioters.
Padilla will get credit score for time served in pretrial custody. He was arrested in early 2021.
“On January sixth, Padilla actively fought in opposition to the very United States he beforehand swore to guard, and fought to undermine the Structure that he beforehand swore to defend,” prosecutors wrote in a sentencing memo, pointing to Padilla’s army background.
Within the memo, prosecutors stated that Padilla bragged on-line that he “wished to overthrow American democracy, in violation of his oath to defend the Structure,” and that he “spent three hours on the West Entrance [of the Capitol] breaking by way of police traces, rallying different rioters to hitch him, and relentlessly berating police.” In addition they stated he lied underneath oath about why he hurled a flagpole at an officer’s head.
Video from Jan. 6 confirmed Padilla tried to rally different rioters, calling those that did not push in opposition to the police line “cowards.” He later complained on-line about different Jan. 6 members, saying they had been “pathetic little LARPers” — reside motion position gamers — who “solely fake” to be patriots.
Lots of Padilla’s on-line feedback had been made on “The Donald” discussion board, which incessantly options violent rhetoric about former President Donald Trump’s perceived enemies.
“We had been really making an attempt to take again our Republic and attacking the Seat of Energy,” Padilla stated. “We had been making an attempt to revive the Republic by dissolving the legislature and convening a constitutional conference of the folks.”
Assistant U.S. Lawyer Douglas Brasher argued Wednesday that Padilla “not solely seen January sixth [as] needed, however as a starting.” Private accountability “is the cornerstone of a justice society,” and Padilla confirmed none, Brasher stated.
Padilla’s protection legal professional, Michael Cronkright, stated his shopper was “considerably of a loner” till he “foolishly” engaged with like-minded folks on-line associated to the 2020 election.
Cronkright on Wednesday introduced up Padilla’s household scenario, as did Padilla himself, indicating that his household is in deep poverty and that his continued incarceration would create vital issues for the household.
“That is going to be extra of hardship on his household than it’s on him,” Cronkright stated.
The protection cited Padilla’s household scenario in asking for “substantial” dwelling confinement, along with time already served.
Padilla, standing earlier than Bates, the decide, gave an emotional apology earlier than his sentencing.
“I wish to apologize to the officers,” he stated. “My actions that day weren’t in step with my character.”
Padilla stated he “regrets” any hurt he prompted. “I can solely ask to your forgiveness,” he stated.
Padilla went on to say that for just a few months after Jan. 6, he was not as remorseful as he’s now, referring to social media posts that known as for violence. “Regret is never speedy, sir,” he informed Bates.
Bates known as Padilla’s remarks a “real expression” of regret. “Nevertheless it’s awfully late within the sport,” he stated earlier than he gave a sentence properly beneath the rules vary.
This text was initially printed on NBCNews.com