Records show most Jan. 6 Capitol rioters aren’t getting sentenced to jail time
As more and more Capitol riot defendants plead guilty for their roles in the Jan. 6 insurrection, one thing stands out about those who have been sentenced so far.
Most aren’t getting any jail time.
A document filed Dec. 1 as part of a sentencing memorandum in the case of a northeast Kansas woman shows that of the 45 defendants sentenced to that point, 19 received sentences that include jail time. The incarceration lengths range from 14 days to 41 months, but most are for 60 days or less.
Of the 45 defendants, 37 pleaded guilty to the misdemeanor charge of parading, demonstrating or picketing in a Capitol building.
According to the document, two rioters were sentenced to 14 days of incarceration, three received 30 days, five received 45 days, three received 60 days, one received three months, two received six months, one received eight months and two received 41 months.
The two defendants receiving the longest sentences were Scott Fairlamb, a former New Jersey gym owner who pleaded guilty to assaulting a police officer during the riot, and so-called “QAnon Shaman” Jacob Chansley. The most visible of the rioters, a shirtless Chansley stormed the Capitol and invaded the Senate chamber, wearing fur-covered horned headgear and carrying an American flag attached to a spear.
On Wednesday, Jennifer Parks of Leavenworth became the first Kansas resident to be sentenced in connection with the Capitol insurrection. She had faced a maximum penalty of six months in prison and a $5,000 fine after pleading guilty in September to one misdemeanor count of parading, demonstrating or picketing in a Capitol building.
But her sentence was similar to those of many others: two years’ probation, 60 hours of community service and $500 in restitution. The government had recommended one month of home detention, three years’ probation, 60 hours of community service and $500 restitution.
Those who monitor extremist groups wonder why the government is allowing defendants in what it is calling “a criminal offense unparalleled in American history” to plead guilty to low-level misdemeanors — and in most cases so far, recommending light sentences with little or no jail time.
“By not convicting them on the more serious charges, you’re sending a message that this type of behavior is permissible and can be tolerated,” said Daryl Johnson, a former senior analyst for domestic terrorism with the U.S. Department of Homeland Security. “And it emboldens these people even more so, because they see that the government’s kind of on their side.”
Parks, 61, and her friend, Esther Schwemmer, 55, initially were charged with four misdemeanors. The three other charges were entering and remaining in a restricted building; disorderly and disruptive conduct in a restricted building; and violent entry and disorderly conduct in a Capitol building.
The government dropped those three counts as part of the women’s plea agreements. Those agreements included paying $500 restitution for damage to the Capitol building, which prosecutors say totaled about $1.5 million. Schwemmer is scheduled to be sentenced Dec. 21.
Parks and Schwemmer are among eight Kansas residents charged in the Capitol riot case. A St. Marys man pleaded guilty to the same misdemeanor charge on Dec. 1 and is scheduled to be sentenced in March. The cases of five other Kansas residents — including three Proud Boys from Johnson County — are winding their way through the court system.
Seventeen Missouri residents also have been charged in connection with the Capitol breach, and five have now pleaded guilty — all to misdemeanors. A Lake St. Louis man pleaded guilty on Monday, a St. Louis County man pleaded guilty on Sept. 17, a Springfield couple entered guilty pleas on Sept. 27 and a Kansas City man pleaded guilty on Oct. 26. One is scheduled to be sentenced on Friday and the others in January and February.
This story was originally published December 9, 2021 at 11:46 AM.
