Those who attacked their own nation’s Capitol failed to consider the consequences of doing so. This is part 6.
On January 6, 2021, a mob of Donald Trump supporters staged an insurrection at the U.S. Capitol building. The Guardian reported that people stormed the chambers of the House and Senate while the Electoral College does were being tallied.
May 3, 2024: The Associated Press reported: “California man who testified against Capitol riot companion is sentenced to home detention” It was written by Michael Kunzleman.
A California man who organized a “group of fighters” to storm the U.S. Capitol — and later, testified against one of his companions during the Jan. 6, 2021 attack — was sentenced on Friday to six months of home detention.
Russell Taylor had a knife on his chest and was carrying a hatchet in his backpack when he helped the rioters overrun a police line outside the Capitol.
Taylor, 42, of Ladera Ranch, California, pleaded guilty last year to conspiring to obstruct the Jan. 6 joint session of Congress for certifying President Joe Biden’s 2020 electoral victory. He was a key witness for prosecutors in the trial of Alan Hostetter, a former police chief who was also convicted of a conspiracy charge.
Prosecutors recommended a prison term of four years and four months for Taylor, but U.S. District Judge Royce Lamberth spared him from incarceration and sentenced him to three years of probation. He also ordered him to preform 100 hours of community service.
Lamberth, who has been one of the toughest punishers of the Jan. 6 riot defendants, said a probation sentence “comes once in a lifetime in my courtroom” and warned Taylor that he will be imprisoned if he violates his probation terms.
“You can be the poster child now for how these cases should be done,” the judge said.
“There’s hope at the end of the tunnel,” the judge said.
Taylor fought back tears as he recalled spending time jailed in solitary confinement after his arrest.
“I thought about why I was there and the mistake I made on January 6th,” he said. “I thought about being charged with a crime by a country that I do love.”
Prosecutors cited Taylor’s cooperation as grounds for leniency but argued that his role in the Jan. 6 attack merited a prison sentence.
“Taylor understood that his decision would not only sever his relationship with former associate but expose him to potential harassment and threats as well,” prosecutor wrote in a court filing.
Taylor and Hostetter served together on the board of the American Phoenix Project. Hostetter founded the group to protest government restrictions during the COVID-19 pandemic, but its focus later shifted to conspiracy theories about election fraud.
“After then-President (Donald) Trump lost the 2020 election, Taylor and Hostetter discussed how to respond, and Taylor asked, ‘How do we have a show of force? Motorcade? Rally? Riot?” prosecutors wrote.
Before the riot, Taylor organized a Telegram group that he called: “The California Patriots — DC Brigade” for those “that are traveling to DC for Jan 6th event that are comfortable with violence.” Taylor told members they would use the Telegram channel “to organize a group of fighters.
Taylor flew to Washington while Hostetter drove across the country with weapons that Taylor would carry when he stormed the Capitol.
A day before Trump’s “Stop the Steal” rally near the White House on Jan. 6, Taylor and Hostetter gave speeches with violent rhetoric at a rally outside the U.S. Supreme Court.
“I will see you all tomorrow at the front lines. We are taking our country back!” Hostetter told the crowd.
After attending the rally, Hostetter and Taylor marched to the Capitol and approached a police line on the Lower West Terrace. Taylor cheered on the rioters who broke through the police line, shouting, “Move forward, Americans!”
Taylor then pushed against a police line on a stage set up for Biden’s inauguration. An officer deployed pepper spray in Taylor’s face, briefly causing him to retreat.
Hostetter and Taylor didn’t enter the Capitol but remained on the Upper West Terrace for hours before police cleared the area. Taylor later celebrated on Telegram, posting “I was pushing through traitors all day today. WE STORMED THE CAPITAL!” Freedom was fully demonstrated today!
Taylor was charged with Hostetter and four other defendants — Erik Scott Warner, Felipe Antonio Martinez, Derek Kinnison and Ronald Mele — who authorities have linked to the anti-government Three Percenters militia movement.
Lamberth sentenced Hostetter to over 11 years in prison after convicting him on all four counts, including conspiracy to obstruct an official proceeding and entering a restricted area with deadly or dangerous weapon. After a jury separately convicted the four other defendants, Lamberth sentenced them to terms of imprisonment ranging from 21 to 33 months.
Taylor said he thought he was “answering the call of a president that I believed in.”
“I was wrong to follow and listen to many people like Alan, who had their own agendas,” he told the judge.
Defense attorney Dyke Huish said Taylor already has performed 300 hours of community service and took citizenship classes “to remind him of the true value of being an American.”
Taylor’s cooperation with the government created an “unusual conundrum,” his lawyer said.
“This who still support the events of January 6th see him in hostile terms for his admissions and cooperation. He has been treated harshly by some people and had veiled personal threats. At the same time those on the other side of the issue shun him because he went to Washington D.C. in the first place,” Huish wrote.
More than 1,350 people have been charged with federal crimes related to the Capitol riot. Over 850 of them have been sentenced, with roughly two-thirds receiving a term of imprisonment ranging from a few days to 22 years.
December 11, 2024: CBS News reported: “Man who pleaded guilty to Jan. 6 charge asks court if he can go to Trump’s inauguration” It was written by Scott MacFarlane.
A California man who pleaded guilty last year to conspiring to obstruct the Jan. 6, 2021, joint session of Congress to certify President Biden’s 2020 victory has asked the court for permission to travel to Washington, D.C., to attend President-elect Donald Trump’s inauguration on Jan. 20.
Russell Taylor, who was part of a group affiliated with the far-right, anti-government Three Percenters that was accused of plotting and planning to disrupt the electoral count, asked U.S. District Judge Royce Lamberth if he can travel with his wife and children to Washington D.C., and Maryland for the inauguration.
Taylor’s lawyer, Dyke Huish, said in a court filing that Taylor was invited to attend the ceremony by retired Rep. Chris Stewart, of Utah. Huish stated that Taylor had completed his home confinement and was in compliance with his probation. He wrote that Taylor “does not pose any risk or concern for this travel request.”
Taylor admitted he had helped organize an effort on Telegram to travel to Washington on Jan. 6, to be “ready and willing to fight.”
A day before Jan. 6, 2021, he addressed a crowd saying, “I will see all tomorrow at the front lines. We are taking our country back!”
On Jan. 6, Taylor wore an armored tactical vest and brought a stun baton with him to the Capitol and was among the initial groups of rioters trying to break through police lines. He recorded a video in which he was seen urging rioters to fight and push forward against police. Later that day, he posted on Telegram, “I was pushing through traitors all day today. WE STORMED THE CAPITOL! Freedom was fully demonstrated today!”
Taylor, who had no prior convictions, flipped and cooperated with the Justice Department, testifying against a lead organizer, Alan Hostetter, a former police chief who was convicted of a conspiracy charge.
Prosecutors recommended a prison term of almost 4.5 years for Taylor, but Lamberth instead sentenced him to three years of probation and 100 hours of community service. Lambert said he believed Taylor had testified truthfully and expressed sincere remorse, and he said Taylor’s cooperation had been “essential,” which earned him the chance to avoid prison time.
Taylor told the judge, “I thought about why I was there and the mistake I made on January 6th. I thought about being charged with a crime by a country that I do love.”
December 11, 2024: “January 6 defendant invite to Trump’s inauguration by former GOP lawmaker” It was written by Ryan J. Reilly and Megan Lebowitz.
A Republican former House member and three current members of Congress from Utah invited a Jan. 6 defendant to President-elect Donald Trump’s inauguration, according to a letter filed by the defendant’s lawyer.
Jan. 6 defendant Russell Taylor organized a group of “fighters” to travel to Washington D.C., on Jan. 6, 2021, in response to Trump’s tweet telling supporters the day “will be wild.” Last year, Taylor pleaded guilty to a count of obstruction of an official proceeding and cooperated with the government against members of the Three Percenters militia group. Taylor, prosecutors wrote, went to the Capitol led a mob that overran a police line while he was “wearing an exposed knife on top of a bullet proof chest plate and carrying bear spray, a hatchet, and other weapons in his backpack.”
Taylor’s lawyer, Dyke E. Huish, filed a motion Wednesday asking U.S. District Judge Royce Lamberth to allow Russel to travel to Washington with his wife and children for the inauguration.
The filing, which was first reported by Politico, included a letter from former Rep. Chris Stewart, of Utah, who wrote that “three other current members of the Utah congressional delegation join with me in extending this invitation.”
Huish told NBC News that Taylor had friends in common but didn’t meet Stewart himself until after Taylor was sentenced to probation along with six months of home detention.
“Mr. Taylor has some family friends who knew the congressman,” Huish said. “It’s a really boring story: They’re just friends, and he said “Hey, would you like to come to the inauguration?” and he set off a letter, and I’ve got to ask the judge permission, and here we are.”
Huish said he did not know which three of the four members of the Utah delegation had joined Stewart in inviting Taylor to the inauguration.
Stewart, a strong defender of Trump in Congress, resigned last year, citing his wife’s illness.
Stewart wrote in his letter that Taylor is a “caring father and reveres his family, his faith,” and “is admired by many, and especially those in his community.” He wrote that “Russ’ passion for what is right and good is reflected in his intentions to lift others. I am honored to extend this invitation for him to attend the Inauguration as my guest.”
Steward did not immediately respond to requests for comment.
Huish said in his filing that Taylor “has successfully completed his home confinement and is in compliance with his terms and conditions of probation.”
Taylor organized a group of “Patriots that are ready to function as operators of disruption and against Tyranny” ahead of the attack, writing, “I personally want to be on the front steps and be one of the first to breach the doors!” The weapons and tactical gear found on him included “hatchets, a taser, stun batons, bear spray, tactical gloves, a helmet, and a plate carrier vest with bullet proof plates,” according to a memorandum for his sentencing.
On Jan. 6, 2021, after the Capitol attack, Taylor wrote in a message that he “was pushing through traitors all day today.”
“WE STORMED THE CAPITOL! Freedom was fully demonstrated today,” he continued.
Taylor’s filing requesting permission to travel comes just days after Lamberth emphasized the judicial principles of “truth and justice, law and order” at a separate Jan. 6 sentencing. Lamberth had also said jurors who heard Jan. 6-related cases “know how perilously we came to letting the peaceful transfer of power, that great cornerstone of the American republican experiment and perhaps our foremost contribution to posterity, slip away from us.”
Taylor testified on behalf of the government in trials that ultimately led to prison sentences for his co-conspirators. Huish said Lamberth had described his client as “the poster child” for the proper way for Jan. 6 defendants to handle their cases.
“He’s never backed off his belief that there were improprieties in the 2020 election. He’s always supported President-elect Trump But at the same time, he said, “Look, I personally went too far,” Huish said. “Quite honestly, if more people had been like Mr. Taylor, I think there’d be a lot less people in jail and we’d have restored this stuff a lot faster. You don’t have to give up your integrity to say, “I went too far.”
Trump has previously lavished praise on Jan. 6 rioters, a refrain he frequently invoked on the campaign trail. He has described people facing prison time for their roles in the Jan. 6 attack as “hostages” and “patriots.”
He has said he would “most likely” pardon Jan. 6 rioters, saying in a “Meet the Press” interview, that aired Sunday that “those people have suffered long and hard.”
In the interview, Trump said members of Congress who served on the House Jan. 6 committee ‘should go to jail.”
More than 1,570 people have been charged for crimes related to the Jan. 6 attack, according to data released this week by the U.S. attorney’s office for Washington. Of that number, about 590 people were charged related to assaulting or resisting law enforcement or obstructing the officers’ jobs, according to the office. Overall, prosecutors have secured convictions against more than 1,100 defendants, and Judge has sentenced more than 600 rioters to incarceration.
July 13, 2023: The Associated Press reported: “Former police chief who defended himself at trial is convicted of conspiracy in Jan. 6 riot” It was written by Michael Kunzelman.
A former California police chief was convicted on Thursday of joining the riot at the U.S. Capitol with a hatchet in his backpack and plotting to stop Congress from certifying President Joe Biden’s 2020 electoral victory.
A judge in Washington’s federal court heard testimony without a jury before convicting Alan Hostetter, a right-wing activist and vocal critic of COVID-19 restrictions who defended himself at his bench trial with help from a standby attorney.
Hostetter used his closing arguments to spin conspiracy theories about the Jan. 6, 2021, riot. He falsely claimed the 2020 election was stolen from former President Donald Trump, portrayed himself as a victim of FBI corruption and referred to the mob’s attack as a “federal setup” involving “crisis actors wearing costumes.” He downplayed violence at the Capitol, referring to the riot as “basically the equivalent of a three-hour hissy fit.”
U.S. District Judge Royce Lamberth told Hostetter that no reasonable person — let alone a veteran police officer — would believe that it was legal to use mob violence to obstruct Congress.
“Belief that your actions are for a greater good does not negate consciousness of wrongdoing,” Lamberth said.
Hostetter — who previously served as police chief in La Habra, California, near Los Angels, — was convicted on all four counts, including conspiracy to obstruct an official proceeding and entering a restricted area with deadly or dangerous weapon. The judge scheduled sentencing for Oct 13, and denied a Justice Department request to have Hostetter jailed immediately.
Federal prosecutors said Hostetter has no evidence to support his conspiracy theories but stressed that he was charged with crimes for his actions on Jan. 6 — not his political beliefs. One prosecutor, Jason Manning, said Hostetter advocated for violence and mobilize allies to join him in Washington on Jan. 6 because he “didn’t like the election results.”
“For many Americans, the horror of January 6th came out of nowhere. Not for the defendant,” Manning said.
Hostetter was arrested in June 2021 along with five other men. Their indictment linked four of Hostetter’s co-defendants to the Three Percenters wing of the militia movement. Their name refers to the myth that only 3% of Americans fought against the British in the Revolutionary War.
Hostetter said he doesn’t have any connection to the Three Percenters movement and accused prosecutors of falsely portraying him as “a caricature of some radical terrorist.”
One of Hostetter’s co-defendants, Russell Taylor, pleaded guilty in April to a conspiracy charge. Taylor testified for the government at Hostetter’s trial. A trial for the other four is scheduled for October.
The six men — Hostetter, Taylor, Eric Scott Warner, Felipe Antonia Martinez, Derek Kinnison, and Ronald Mele — were part of a chat group called “The California Patriots – DC Brigade” on Telegram, an encrypted messaging platform, prosecutors said. Taylor posted that he created the group for “fighters” who were expected to bring “weaponry” and “plates” with them to Washington on Jan. 6, according to prosecutors.
All six defendants entered restricted areas of the Capitol grounds during the riot, prosecutors said. Hostetter wasn’t accused of entering the Capitol building.
On Instagram Hostetter posted a photo of himself and Taylor on the building’s Upper West Terrace with rioters in the background. A message under the photo said, “This was the ‘shot heard ’round the world!” … the 2021 version of 1776. That war lasted 8 years. We are just getting warmed up.”
Hostetter began teaching yoga after more than 20 years in law enforcement. In the spring of 2020, he founded a nonprofit called the American Phoenix Project. He used the tax-exempt organization to oppose COVID-19 restrictions and to advocate for violence against political opponents after the 2020 presidential election.
In November 2020, Hostetter drove to California to Washington to attend the “Million MAGA March” supporting Trump. On the wya, he posted a video of his nonprofit’s YouTube channel in which he expressed his belief that the election had been stolen from Trump and called for killing “tyrants and traitors.”
In December 2020, Hostetter’s nonprofit hosted a “Stop the Steal” rally in Huntington Beach, California.
“The enemies and traitors of American both foreign and domestic must be held accountable. And they will,” he said at the rally. “There must be long prison terms, while execution is the just punishment for the ringleaders of this group.”
A day before the riot, Taylor gave a speech at a “Virginia for Trump” rally outside the U.S. Supreme Court in which he called for violence to overturn the 2020 presidential election results, prosecutors said.
“We are all free Americans and in these streets, we will fight and we will bleed before we allow our freedom to be taken from us,” Taylor said, according to the indictment.
More than 1,000 people have been charged with federal crimes related to the Capitol riot. Approximately 100 of hem have been convicted after trial decided by judges or juries. More than 600 others have pleaded guilty.
December 7, 2023: NBC News posted: “Ex-police chief who spread Jan. 6 conspiracy theories is sentenced to 11 years in Capitol riot case.” It was written by Ryan J. Reilly.
A former California police chief who called for the execution of Donald Trump’s political enemies, joined the U.S. Capitol attack and then spread conspiracy theories about Jan 6 was sentenced to more than 11 years in federal prison on Thursday.
Alan Hostetter was found guilty in July on charges of conspiracy to obstruct an official proceeding, obstruction of an official proceeding, entering or remaining on restricted grounds with a deadly or dangerous weapon and disorderly or disruptive conduct on restricted grounds with a deadly or dangerous weapon. He represented himself at a bench trial before U.S. District Judge Royce Lamberth, a Ronald Regan appointed, who sentenced him to 135 months Thursday.
Hostetter, who was the chief of the La Habra, California, Police Department in 2010, was arrested in June 2021.
Like GOP presidential candidate Vivek Ramaswamy and many far-right members of Congress, Hostetter has spread conspiracy theories about the attack on Jan. 6, 2021. Ramaswamy said, without evidence, during the Republican debate Wednesday night that Jan. 6 “now does look like it was an inside job,” Hostetter said during his trial that he believed “that the entire thing was staged.”
Hostetter, who was found to have carried a hatchet during the attack, brought up Ramaswamy’s debate comments at his sentencing hearing Thursday.
“These conspiracy theories are no longer fringe,” he said, noting Ramaswamy’s comments specifically.
“The open election was stolen. You have presidential candidates saying that openly during the debate,” Hostetter said. “At some point, the truth is going to be coming out.”
Hostetter also noted House Speaker Mike Johnson’s decision to release Jan. 6 video, which has sparked additional unsupported conspiracy theories.
Hostetter also founded a group called the American Phoenix Project, which protested covid restrictions and denied the 2020 election results. He recorded a video after Donald Trump lost the election in which he said that “traitors need to be executed” and promoted Jan. 6 as the final day when patriots could make their stand.”
“Choke that city off, fill it with patriots, and then those people behind the walls of the Senate and House are gonna be listening to just chanting outside those walls.” Hostetter said in a speech ahead of the attack that was cited by prosecutors. “And they’re gonna realize, we have one choice. We either fix this mess and keep America America, or we become traitors, and those five million people outside the walls are gonna drag us out by our hair and tie us to a f—ing lamppost. That’s their option.”
“Some people, at the highest level, need to be made an example of: an execution or two or three,” Hostetter said in a video he recorded in November 2020. “Tyrants and traitors need to be excused as an example so nobody pulls this s— again.”
Federal prosecutors had sought more than 12.5 years in federal prison, sayin Hostetter conspired, collected weapons and traveled to Washington with the plan of using the threat of violence to stop the peaceful transfer of power.
At a hearing Thursday, Assistant U.S. Attorney Anthony Mariano said that Hostetter had made himself a “poster child for Jan. 6 conspiracy theories” and that he spent time “promoting the dangerous lie that Jan. 6 was a false flag operation.”
But as Mariano pointed out, Hostetter had “not a piece of evidence” to support the conspiracy theory.
“If the defendant wants to know what would have stopped Jan. 6, he could start by looking in the mirror,” Mariano said, describing Hostetter’s actions as terroristic, not patriotic.
Hostetter said at the hearing that he believed Jan. 6 was a setup by the CIA, the FBI, and the Department of Homeland Security. He said that he believed crisis actors and federal informants were involved, that the attack was a “false flag event” and that the death of Trump supporter Ashli Babbitt was faked.
“Once Ashli Babbitt psy-ops falls, this whole thing becomes undone,” Hostetter said, adding he believed there were “hundreds, if not possibly thousands,” of government informants in the crowd that day.
Hostetter also said he believes Oath Keepers founder Stewart Rhodes — who is serving 18 years in federal prison — is a government asset.
Hostetter will be required to report to prison next year. After the hearing, Babbitt’s mother, Micki Witthoeft, confronted him in the hallway. Witthoeft, who got a meeting with former House Speaker Kevin McCarthy this year and frequently attends Jan. 6 court hearings, told Hostetter that her daughter was, in fact, dead.
“I assure you she is dead,” she said. “What the f— is it you’re trying to say?”
“Was she cremated?” Hostetter asked.
“You need help,” she replied. “Arrogant s—“
Hostetter’s trial featured testimony from co-defendant Russell Taylor, who pleaded guilty as part of a plea deal with the government. Their four co-defendants — Erik Scott Warner, Felipe Antonio Martinez, Derek Kinnison, and Ronald Mele — were all found guilty of felony obstruction of an official proceeding and other charges after trial last month.
More than 1,200 people have been charged in connection with the Capitol attack, and more than 450 have been sentenced to periods of incarceration.
December 7, 2023: NPR reported: “Former police chief turned yoga teacher sentenced to 11 years over Jan. 6 riot” It was written by Tom Dreisbach, and Barbara Van Woerkom.
A retired California police chief, who led pro-Trump protests and called for “traitors” in government to be “executed as an example,” was sentenced to 135 months — just over 11 years — in prison for his role in the Jan. 6 2021, riot at the U.S. Capitol.
After representing himself at his trial earlier this year, Alan Hostetter was convicted of conspiring to obstruct Congress’ certification of Joe Biden’s electoral victory, bringing a hatchet onto Capitol grounds, and disorderly conduct. While Hostetter joined the mob on the steps of the Capitol, he stopped short of entering the building and did not assault police officers during the riot.
“This defendant’s conduct was terrorism,” said Assistant U.S. Attorney Anthony Marino, who argued that Hostetter’s lengthy career in law enforcement meant he should have known better.
“Through his words and deeds on Jan. 6, Alan Hostetter was a terrorist,” Marino said. “Nothing he did was patriotic.”
Hostetter denied wrongdoing and gave a lengthy conspiratorial rant claiming that the Capitol riot was the result of a “false flag” attack engineered by the federal government. “I have full faith and confidence the truth will come out and when it does it will shock people,” Hostetter told the court. He also praised Republican presidential candidate Vivek Ramaswamy for saying at Wednesday’s GOP primary debate that the Jan. 6 riot “now does look like it was an inside job.”
At one point in his remarks to the court, Hostetter endorsed a baseless fringe theory that the fatal shooting of Ashli Babbitt, who was killed by a police officer while attempting to breach a locked door in the Capitol was “staged”.
“She wasn’t actually killed that day,” Hostetter said. That claim angered Babbitt’s mother, Micki Witthoft, who attended the hearing. Witthoeft confronted Hostetter outside the courtroom, calling him “arrogant” and telling him “you need help.”
The Department of Justice had asked Judge Royce Lamberth to sentence Hostetter to just over 12 years in prison, arguing that his violent anti-government rhetoric, carrying of dangerous weapons, and extensive planning merited a harsh punishment.
Many participants in the Jan. 6, 2021, riot took unusual paths to the storming of the Capitol, but few were as singular as Hostetter’s.
Hostetter served in the U.S. Army in the 1980s and deployed to Germany before going on to work for the Orange County Sheriff’s Department and ultimately becoming police chief of La Habra, Calif. After her retired from that position due to what he said were spinal problems, Hostetter settled in the small beachside community of San Clemente and became a yoga instructor and sound healer. He posted videos of himself playing a gong in front of a sunset, and rhapsodizing about the search for inner peace.
After the COVID-19 pandemic hit in early 2020, Hostetter began leading protests against what he viewed as tyrannical government overreach, and spoke in terms of violent anti-government revolution. He founded a nonprofit called the American Phoenix Project to support his protest efforts, and gained traction in Southern California’s right-wing political scene, standing out with his signature trilby hat and goatee. Hostetter appeared at events with Republican politicians and patented with the law firm of a prominent Republican attorney, Harmeet Dhillon, to challenge California’s COVID-19 policies in court.
Throughout his case, Hostetter has appeared to endorse a wide range of baseless conspiracy theories while arguing that he is a target of a longstanding government plot.
At time, he has referenced the pro-Trump QAnon conspiracy alongside claims about the September 11, 2001, terrorist attacks, the assassination of President John F. Kennedy, the firing of Tucker Carlson from Fox News and the Freemasons.
After the 2020 election, Hostetter and his group turned their focus to rejecting Biden’s electoral victory.
“President Trump must be inaugurated on January 20th, and he must be allowed to finish this historic job of cleaning out the corruption in the cesspool known as Washington, D.C.,” Hosteter said in a speech in Huntington Beach, Calif. in Dec. 2020. “The enemies and traitors of America, both foreign and domestic, must be held accountable. And they will. There must be long prison terms, while execution is the just punishment for the ringleaders of this coup.”
Prosecutors say that Hostetter then, “spent weeks rallying others, collecting weapons and planning an attack on the U.S. Capitol on they that the peaceful transfer of power was meant to take place.”
Key evidence against Hostetter came from one of his co-defendants, a California man named Russell Taylor. He helped plan protests with Hostetter and joined Hostetter in Washington, D.C., on Jan. 6 while armed with a knife, body armor and a stun baton. Taylor pleaded guilty to a charge of conspiracy to obstruct an official proceeding, cooperated with prosecutors and testified against his former friend.
Hostetter continued to dispute Taylor’s testimony at his sentencing hearing. In wrapping his remarks, he thanked Judge Lamberth for allowing him to speak at length about his case. “You always have given me the opportunity to flap my gums,” Hostetter told the court.
December 7, 2023: United States Attorney’s Office District of Columbia posted: “Texas Man Sentenced To More than 11 Years in Prison for Conspiracy To Obstruct Congress and Other Charges during Jan. 6 Capitol Breach”
Defendant, a Retired Police Chief and Member of the “DC Brigade,” Conspired to Halt Electoral College Vote
A Texas man, formerly of California, was sentenced today in the District of Columbia after he was convicted on four felonies as a result of his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Alan Hostetter, 59, of Poolville, Texas, formerly of San Clemente, California, was sentenced by U.S. District Judge Royce C. Lamberth to 135 months in prison and 36 months of supervised release. Judge Lamberth found Hostetter guilty of four felonies on July 13, 2023, following a bench trial.
Hostetter was convicted of conspiring to obstruct an official proceeding; obstruction of an official proceeding and aiding and abetting; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; and disorderly or disruptive conduct in the restricted building or grounds with a deadly or dangerous weapon.
According to the evidence presented at trial, in the days following the 2020 presidential election, Hostetter, a retired police chief, coordinated with his co-conspirators to obstruct and interfere with the joint session of Congress at the Capitol on Jan. 6, 2021, convened in order to certify the electoral college vote.
Prior to the events of January 6th, Hostetter gave several speeches espousing his views on the 2020 presidential election and calling for the execution of his perceived political enemies. He pronounced to a crowd of supporters, “There must — absolutely must — be a reckoning. There must be justice. President Trump must be inaugurated on January 20th, and he must be allowed to finish his historic job of cleaning out the corruption in the cesspool known as Washington, D.C. The enemies and traitors of America, both foreign and domestic, but be held accountable. And they will. There must be long prison terms, while execution is the just punishment for the ringleaders of this coup.”
In another such speech in December 2020, Hostetter told a crowd of supporters that what he intended to accomplish on Jan. 6, 2021, when Congress was in session, stating, “Choke that city off, fill it with patriots, and then those people behind the walls of the Senate and House are going to be listening to us chanting outside those walls.” He added that he wanted member of Congress to know that “those five million people outside the walls are going to drag us out by our hair and tie us to a f— lamp post.”
On Jan. 1, 2021, a co-conspirator of Hostetter’s created a Telegram chat called “The California Patriots-DC Brigade,” which Hostetter, along with more than 30 others, joined and used to identify themselves, communicate and coordinate with each other.
Hostetter drove to Washington D.C., for the January 6th protest, choosing not to fly so that he could load his car with weapons. Hostetter brought tactical gear, a helmet, hatchets, knives, stun batons, pepper spray, and other gear for himself and others. On the morning of Jan. 6th. Hostetter met up with other members of the “DC Brigade” and walked to the Ellipse for the “Stop the Steal” rally.
Following the conclusion of the events at the Ellipse, Hostetter and others began to walk toward the Capitol building, where he made his way up the stairs of the Capitol, through scaffolding and onto the Inaugural state. As he came out from the scaffolding, Hostetter carried a bullhorn and looked down over the West Plaza, where rioters were battling with the police line they had passed earlier.
From his highly visible perch, and which his bullhorn directed to the crowd and his American flag waving above the chaotic scene, Hostetter encouraged the rioters below, who had been overrun by the police. At approximately 2:30 p.m., Hostetter joined the rioters on the Lower West Terrace of the Capitol who were pushing through a line of law enforcement officers trying to hold them back. Hostetter and a co-conspirator then pushed through the law enforcement line, moved through restricted areas of the grounds, and climbed into scaffolding covering a northwest set of stairs leading to the Inaugural stage.
Hostetter finally arrived at the Upper West Terrace. Here, he stated in a recorded video, “The people have taken back their house. I don’t think I’ve ever seen such a beautiful sight in my whole life. We’ve been sitting here, quietly for years, watching this corruption unfold. Hundreds of thousands of patriots showed up today to take back their government.” Hostetter remained on the Upper West Terrace for hours. While there, he carried his bullhorn and used it to encourage the crowd. Hostetter finally left the area after being forced out by police.
Hostetter later posted a picture of himself taken from the Upper West Terrace to an Instagram account that he controlled, writing, “This was the shot heard round the world! … 2021 version of 1776. That war lasted 8 years. We are just getting started.”
Hostetter was arrested on June 2021, in California by the FBI.
On November 7, 2023, four of Hostetter’s co-defendants — Erik Warner, Felipe Antonio “Tony” Martinez, Derek Kinnison, and Ronald Mele — were convicted by a jury of, among other offenses, conspiring to obstruct an official proceeding. Hostetter’s co-defendant, Russel Taylor, previously pleaded guilty to conspiring to obstruct an official proceeding. These defendants are awaiting sentencing.
This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.
This case was investigated by the FBI’s Los Angeles Field Office, as well as the Metropolitan Police Department and U.S. Capitol Police, with significant assistances provided by the FBI’s Washington Field Office.
In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been charged in nearly 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
December 8, 2023: CNN Politics reported: “Former police chief sentenced to 11 years for involvement in January 6, Capitol attack”
A former California police chief who brought a hatchet to the Capitol on January 6, 2021, and gave prior speeches calling for the execution of his perceived political enemies, was sentenced to 11 years in prison Thursday.
Alan Hostetter, 59, was sentenced to 135 months — a little over 11 years — Thursday by U.S. District Judge Royce C. Lamberth, for his involvement in the Capitol riot.
In July, Hostetter was found guilty of conspiring to obstruct an official proceeding, obstruction of an official proceeding, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, and disorderly or disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon.
Prior to the Capitol riots, a pro-Trump rally a day before the Capitol riot spewing violent rhetoric in speeches in DC on January 5. The next day, Hostetter brought tactical gear, a helmet, hatchets, knives, stun batons, pepper spray and other gear to the Capitol, according to the Department of Justice.
Upon arrival, he met up with other members of a group known as the “DC Brigade,” before joining the “Stop the Steal” rally. He later made his way to the Capitol building, where he joined other rioters pushing through law enforcement.
Hostetter was arrested on June 10, 2021, in California by the FBI.
Four of his co-defendants were convicted in November of conspiring to obstruct an official proceeding and a fifth co-defendant, Russell Taylor, previously pleaded guilty to conspiring to obstruct an official proceeding, according to the release.
November 7, 2023: United States Attorney’s Office – District of Columbia posted: “Texas Man Sentenced to More than 11 Years in Prison for Conspiracy To Obstruct Congress and Other Charges During Jan. 6, Capitol Breach”
GOVERMENT’S SENTENCING MEMORANDUM
The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, respectfully submits this sentencing memorandum in connection with the above-captioned matter. For the reasons set forth herein, the government requests that this Court sentence Kevin Danial Loftus (“Loftus”) to thirty (30) days’ incarceration, three (3) years’ probation, and sixty (60) hours of community service, and order him to pay restitution in the amount of $500, as he agreed to do in the guilty plea agreement.
I. Introduction
The defendant, Kevin Daniel Loftus (“Loftus”), participated in the January 6, 2021, attack on the U.S. Capitol — a violent attack that forced an interruption of the certification of the 2020 Electoral College vote count threatened the peaceful transfer of power after the 2020 Presidential election, injured more than one hundred police officers, and resulted in more than one million dollars of property damage.
Loftus pleaded guilty to one count of 40 U.S.C. 5104(e)(2)(G): Parading, Demonstrating, or Picketing in the Capitol Building. As explained herein, a sentence of thirty (30) days’ incarceration is appropriate in this case because:
(1) Loftus came to Washington D.C., from Wisconsin on or about January 4 to attend the “Stop the Steal rally;
(2) on January 6, Loftus attended the “Stop the Steal” rally and then marched to the U.S. Capitol;
(3) after arriving at the U.S. Capitol, Loftus illegally and without permission walked inside the U.S. Capitol where he took several photos of himself and others inside the U.S. Capitol;
(4) on January 7, Loftus wrote on his Facebook account that he was wanted by the FBI, and he identified himself as one of the individuals pictured in an FBI release of suspects wanted in this investigation;
(5) also on that date, Loftus wrote on his Facebook account, “One of the 700” referencing individuals inside the U.S. Capitol. Loftus also wrote, “That is a right folks some of us are in it to win it;” and
(6) on January 9, 2021, during an interview of Loftus conducted by the FBI in Eau Claire, Wisconsin, he admitted to walking inside the U.S. Capitol on January 6, 2021.
Loftus also was an active-duty soldier in the United States Army for six years, and his participation in the January 6 attack on the Capitol was at odds with his prior commitment to protect and defend the United States and the Constitution.
Even if he did not personally engage in violence or property destruction during the riot, before entering the Capitol on January 6, Loftus celebrate the violence of that day. Loftus posted videos to his Facebook account of the attack on the U.S. Capitol and exclaimed that he and others were “in it to win it,” presumably referring to the efforts of many of the January 6 rioters, including himself, to disrupt the Congressional certification of the 2020 Electoral College vote.
The Court must also consider that Loftus’ conduct on January 6, like the conduct of scores of other defendants, took place in the context of a large and violent riot that relied on numbers to overwhelm police, breach the Capitol, and disrupt the proceedings. But for his actions alongside so many others the riot likely would have failed to delay the certification vote.
(“A mob isn’t a mob without the numbers. The people who were committing those violent acts did so because they had the safety of numbers.”) (statement by Judge Chutkan). Here, Loftus’ participation in a riot that actually succeeded in halting the Congressional certification of the Electoral College vote, his celebration and endorsement of the violence on that day, and his lack of remorse renders a sentence of thirty (30) days’ incarceration, three (3) years’ probation, and sixty (60) hours of community service appropriate.
II. Factual and Procedural Background
The January 6, 2021 Attack on the Capitol
To avoid exposition, the government refers to the general summary of the attack on the U.S. Capitol. (Statement of Offense), at 1-3. As this court knows, a riot cannot occur without rioters, and each rioter’s actions — from the most mundane to the most violent — contributed, directly and indirectly, to the violence and destruction of that day. With that backdrop we turn to the defendant’s conduct and behavior on January 6.
Kevin Daniel Loftus’ Role in the January 6, 2021 Attack on the Capitol
Loftus came to Washington, D.C., from Wisconsin on or about January 4 to attend the “Stop the Steal” rally. On January 6, Loftus attended the “Stop the Steal” rally and then marched to the U.S. Capitol. Subsequently, after arriving at the U.S. Capitol, Loftus illegally and without permission walked inside the U.S. Capitol. As outlined in the following series of photographs, Loftus (circled in red below) can be seen unlawfully entering the U.S. Capitol and exiting after spending approximately four minutes and 50 seconds inside.
In addition, Loftus took several photo of himself and others inside the U.S. Capitol. On or about January 7, Loftus bragged on his Facebook account that he was wanted by the FBI, and he identified himself as one of the individuals pictured in an FBI release of suspects wanted in the investigation. In addition, on or about January 7, Loftus also wrote, “The is right folks some of us are in it to win it.”
Loftus’ FBI Interview
On or about January 8, 2021, during an interview of Loftus conducted by the FBI in Eau Claire, Wisconsin, Loftus admitted, inter alia, that he climbed up on a scaffolding at the U.S. Capitol for a good view and to take pictures and he walked inside the U.S. Capitol on what he thought was the top floor of the U.S. Capitol where Loftus took several photos and he later posted items on social media. Loftus also stated that he did not touch or hurt anyone.
The Charges and Plea Agreement
On January 11, 2021, Kevin Daniel Loftus was charged by complaint with violating 18 U.S.C. 1752(a)(1) and (2) and 40 U.S.C 5104(e)(2)(A) and (G). On January 12, 2021, he was arrested at his home in Wisconsin. On February 4, 2021, Loftus was charged by four-count Information with violating 18. U.S.C. 1752(a)(1) and (2) and 40 U.S.C. 5104(e)(2)(D) and (G). On October 19, 2021, Loftus pleaded guilty to Count four of the Information, charging him with a violation of 40 U.S.C 5104(e)(2)(D), Disorderly Conduct in the Capitol Building. By plea agreement, Loftus agreed to pay $500 in restitution to the Department of the Treasury.
III. Statutory Penalties
Loftus now faces a sentencing on a single count of 40 U.S.C. 5104(e)(2)(D). As noted by the plea agreement and the U.S. Probation Office, Loftus faces up to six months of imprisonment and a fine of $5,000. Loftus must also pay restitution under the terms of his plea agreement. As this offense is a Class B Misdemeanor, the Sentencing Guidelines do not apply to it.
IV. Sentencing Factors Under 18 U.S.C. 3553(a)
In this misdemeanor case, sentencing is guided by 18 U.S.C. 3553(a), which identifies the factors a court must consider in formulating the sentence. Some of those factors include: the nature and circumstances of the offense, 3553(a)(1); the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the offense and promote respect for the law 3553(a)(2)(A); the need for the sentence to afford adequate deterrence, 3553(a)(2)(B); and the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. 3553(a)(6). In this case, as describe below, the Section 3553(a) factors weigh in favor of thirty (30) days’ incarceration, three (3) years’ probation, and sixty (60) hours of community service.
A. The Nature and Circumstances on the Offense
The attack on the U.S. Capitol, on January 6, 2021, is a criminal offense unparalleled in American history. It represented a grave threat to our democratic norms. It was the one of the only times in our history when the building was literally occupied by hostile participants. The attack defies comparison to other events.
While each defendant should be sentenced based on their individual conduct, this Court should note that each person who entered the Capitol on January 6 without authorization did so under the most extreme of circumstances. As they entered the Capitol, they would — at a minimum — have crossed through numerous barriers and barricades and heard the throes of a mob. Depending on the timing and location of their approach, they also may have observed extensive fighting with police officers and smelled chemical irritants in the air. No rioter was a mere tourist that day.
Additionally, while looking at Loftus’s individual conduct, the Court must assess such conduct on a spectrum. This Court, in determining a fair and just sentence on this spectrum, should look to a number of critical factors, to include: (1) whether, when, how the defendant entered the Capitol building; (2) whether the defendant encouraged violence; (3) whether the defendant encouraged property destruction; (4) the defendant’s reaction to acts of violence or destruction; (5) whether during or after the riot, the defendant destroyed evidence; (6) the length of the defendant’s time inside of the building, and exactly where the defendant traveled; (7) the defendant’s statements in person or on social media; (8) whether the defendant cooperated with, or ignored commands from police officers; and (9) whether the defendant demonstrated sincere remorse or contrition. While these factors are not exhaustive nor dispositive, they help to place each defendant on a spectrum as to his fair and just punishment.
To be clear, had Loftus personally engaged in violence or destruction, he would be facing additional charges and/or penalties associated with that conduct. The absences of violent or destructive acts on the part of Loftus is therefore not a mitigating factor in misdemeanor cases, nor does it meaningfully distinguish Loftus from most other misdemeanor defendants.
Loftus’s lack of violence and property destruction explains why he was charged only with, and permitted to plead guilty to, a misdemeanor rather than felony.
More broadly, Loftus’ statements on social media during and after the attack demonstrate a total lack of remorse for his criminal conduct on January 6. Loftus bragged that he was wanted by the FBI, and he identified himself as one of the individuals pictured in an FBI release of suspects wanted in the investigation. Loftus also wrote that he was “One of 700” individuals unlawfully inside the U.S. Capitol, and that, like the others, he was “in it to win it.:
Accordingly, the nature and the circumstances of this offense establish the clear need for a sentence of thirty (30) days’ incarceration, three (3) years’ probation, and sixty (60) hours of community service.
Defendants Conduct While on This Court’s Release Status
One of the most important factors in distinguishing a possible sentence of home detention and that of incarceration is Loftus’s conduct while on release in this very case. As set forth below, on or about August 13, 2021, Loftus — under the alias “Zoso” sent individuals (whose screen names and posts are redacted herein) a series of messages on a social media game application site. In those messages, Loftus boasted that he “already” possessed various firearms, and so was not worried that he would be prevented from buying any more as a condition of his sentence.
In addition, Loftus made several statements regarding this case and celebrated that he was now “famous” and a “hero” for his illegal actions on January 6, 2021. Loftus also stated that he gained that fame by “standing up for all Americans” because he “broke the law,” and that he would file lawsuits against unidentified persons after the criminal case was over.
B. Loftus’ History and Characteristics
Loftus has a disturbing 25-year history of failing to obey the law. Loftus has four convictions of DUI, one for reckless driving, and another conviction for theft, spread out over fifteen years.
Loftus served six years in the United States Army. As Judge Nichols observed, this is a double-edged sword. On one hand, Loftus is to be commended for his military service to this country, particularly sine he served two tours of duty overseas. On the other hand, his participation in a violent attack on the U.S. Capitol and his belief that his conduct on January 6 was an act of patriotism that made him a “local hero” is the antithesis of patriotism and heroism that characterizes the vast majority of this country’s military veterans.
C. The Need for the Sentence Imposed to Reflect the Seriousness of the Offense and Promote Respect for the Law
The attack on the U.S. Capitol building and grounds was an attack on the rule of law. “The violence and destruction of property at the U.S. Capitol on January 6 showed a blatant and appalling disregard for our institutions of government and the orderly administration of the democratic process.”
As with the nature of the offense, this factor supports a sentence of incarceration, as it will in most cases, including misdemeanor cases, arising out of the January 6 riot. (“As to probation, I don’t think anyone should start off in these cases with any presumption of probation. I think the presumption should be that these offenses were an attack on our democracy and that jail time is usually — should be expected”) (statement of Judge Hogan).
D. The Need for the Sentence to Afford Adequate Deterrence
Deterrence encompasses two goals; general deterrence, or the need to deter crime generally, and specific deterrence, or the need to protect the public from further crimes by this defendant. 18 U.S.C. 3553(a)(2)(B-C).
General Deterrence
The demands of general deterrence weigh in favor of incarceration, as they will for nearly every case arising out of the violent riot at the Capitol. Indeed, general deterrence may be the most compelling reason to impose a sentence of incarceration. The violence at the Capitol on January 6 was intended to interfere, and did interfere, with one of the most important democratic processes we have; the peaceful transfer of power to a newly elected President.
As noted by Judge Moss during sentencing:
[D]emocracy requires the cooperation of the governed. When a mob is preparing to attack the Capitol to prevent our elected officials from both parties from performing their constitutional and statutory duty, democracy is in trouble. The damage that [the defendant] and others caused that day goes way beyond the several-hour delay in the certification. It is a damage that will persist in this country for decades.
Indeed, the attack on the Capitol means “that it will be harder today than it was seven months ago for the United States and our diplomats to convince other nations to pursue democracy. It means that it will be harder for all of us to convince our children and our grandchildren that democracy stands as the immutable foundation of this nation.
The gravity of the offenses demands deterrence. This was not a protest. (“I don’t think that any plausible argument can be made defending what happened in the Capitol on January 6th as the exercise of First Amendment rights.”) (statement of Judge Moss). And it is important to convey to future potential rioters — especially those who intend to improperly influence the democratic process — that their actions will have consequences. There is possibility no greater factor that this Court must consider.
The Need to Avoid Unwarranted Sentencing Disparities
As the Court is aware, the government has charged over 700 individuals for their roles in this one-of-a-kind assault on the Capitol, ranging from unlawful entry misdemeanors, such as in this case, to assault police officers, to conspiracy to corruptly interfere with Congress. Each offender must be sentenced based on their individual circumstances, but with the backdrop of the January 6 riot in mind.
Moreover, each offender’s case will exist on a spectrum that ranges from meriting a probationary sentence to crime necessitating years of imprisonment. The misdemeanor defendants will generally fall on the lower end of that spectrum, but misdemeanor breaches of the Capitol on January 6, 2021, were not minor crimes. A probationary sentence should not become default.
The government and the sentencing courts have already begun to make meaningful distinctions between offenders. Those who engaged in felonious conduct are generally more dangerous, and thus, treated more severely in terms of their conduct and subsequent punishment.
Those who trespassed, but engaged in aggravating factors, merit serious consideration of institutional incarceration. Those who trespassed, but engaged in less serious aggravating favors, deserve a sentence more in line with minor incarceration or home detention.
For one thing, although all the other defendants discussed below participated in the Capitol breach on January 6, 2021, many salient differences — such as how a defendant entered the Capitol, how long he remained inside, the nature of any statements he made (on social media or otherwise), whether he destroyed evidence of his participation breach, etc. — help explain the differing recommendations and sentences.
And as that discussion illustrates, avoiding unwarranted disparities requires the courts to consider not only a defendant’s “records” and “conduct” but other relevant sentencing criteria, such as a defendant’s expression of remorse or cooperation with law enforcement…
…In any event, the goal of minimizing unwarranted sentencing disparities in 3553(a)(6) is “only one of several factors that must be weighted and balanced,” and the degree of weight is “firmly committed to the discretion of the sentencing judge.
The 3553(a) factors that this Court assesses are “open-ended,” with the result that “different district courts may have distinct sentencing philosophies and may emphasize and weight the individual 3553(a) factors differently; and every sentencing decision involves its own set of facts and circumstances regarding the offense and the offender.”
“[D]ifferent district courts can and will sentence differently — differently from the Sentencing Guidelines range, differently from the sentencing of an appellate court might have imposed, and differently from how other courts might have sentenced that defendant.”
Simply stated, the government (and this Court) should not ignore Loftus’ bombastic rhetoric, if no hubris, during the pendency of this case. As discussed supra, Loftus flaunted the severity of these crimes, and showcased his unwillingness or inability to take this process seriously. Rather, Loftus was fond of his newfound “fame”, and considered himself a “hero”, a startling take on the events of January 6. This all suggests that while this Court should and must be focused on rehabilitation, punishment is an appropriate goal at sentencing too.
V. Conclusion
Sentencing requires the Court to carefully balance the 3553(a) factors. As explained herein, some of those factor support a sentence of incarceration and some support a more lenient sentence. Balancing these factors, the government recommends that this Court sentence Kevin Daniel Loftus to thirty (30) days’ incarceration, three (3) years’ probation, and sixty (60) hours of community service. Such a sentence protects the community, promotes respect for the law, and deters future crime by imposing restrictions on his liberty as a consequence of his behavior, while recognizing his early acceptance of responsibility.
November 8, 2023: The Associated Press reported: “4 California men linked to the Three Percenters militia convicted of conspiracy in Jan. 6 case”
Four California men linked to the “Three Percenters” militia movement have been convicted charges including conspiracy and obstruction for their roles in the Jan. 6, 2021 riot at the U.S. Capitol.
Erik Scott Warner, 48, of Menifee,; Felipe Antonio Martinez, 50, of Lake Elsinore; Derek Kinnison, 42, of Lake Elsinore; and Ronald Mele, 54, of Temecula, were found guilty on Tuesday after a trial in Washington’s federal court, according to prosecutors.
They were convicted of conspiracy and obstruction of an official proceeding — the joint session of Congress in which lawmakers met to certify President Joe Biden as the winner of the 2020 election.
Attorneys for Martinez and Warner declined to comment, and emails seeking comment were sent to an attorney for Mele.
Kinison’s lawyer, Nicolai Cocis, said he is disappointed with the verdict and they are considering all available legal options.
“Mr. Kinnison is a patriotic citizen who wanted to show his support for President Trump, who he believed was the rightful winner of the 2020 election. He regrets his involvement in the events of January 6,” Cocis said in an email.
Prosecutors say the men were part of the Three Percenters militia in Southern California. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.
They were charged in 2021 alongside Alan Hostetter, a former California police chief, right-wing activist and vocal critic of COVID-19 restrictions, who was convicted in July in a separate trial.
The four men joined a telegram chat with Hostetter and Taylor called “The California Patriots — DC Brigade” to coordinate plans for coming to Washington. Taylor posted that he created the group for “fighters” who were expected to bring “weaponry” and body armor with them to Washington on Jan. 6, according to prosecutors.
Warner, Martinez, Kinnison and Mele drove cross country together days before the riot. On Jan. 6, Warner entered the Capitol through a broken window. Meanwhile, Martinez, wearing a tactical vest, and Kinnison, who was wearing a gas mask, joined rioters on the Capitol’s Upper West Terrace, according to the indictment. Mele, who was also wearing a tactical vest, proclaimed “Storm the Capitol!” in a “selfie” style video on the stairs of the building, prosecutors say.
Warner and Kinnison, who were accused of deleting the “DC Brigade” chat from their phones after the riot, were also convicted of tampering with documents or proceedings.
Nearly 1,200 people have been charged with Capitol riot-related federal crimes. Over 800 of them have pleaded guilty or been convicted by a jury or judge after a trial. Approximately 700 of them have been sentenced, with roughly two-thirds receiving terms of imprisonment ranging from three days to 22 years.
December 13, 2024: The Associated Press reported: “Capitol rioter who tried to join the Russian army is sentenced to prison for probation violation.” It was written by Michael Kunzelman.
A Dallas man who tried to fly overseas to join the Russian military and fight against Ukraine was sentenced on Friday to six months in prison for violating the terms of his probation for storming the U.S. Capitol four years ago.
Kevin Loftus, a 56-year-old veteran of the U.S. Army, was stopped from boarding an Oct. 28 flight from Dallas to Tbilisi, Georgia, by way of Istanbul, Turkey, when Turkish Airlines identified a “security flag” associated with him, according to federal prosecutors.
Loftus didn’t have the court’s permission to secure a 90-day visa to travel to Russia, where he intended to apply for temporary residency. Loftus said he used the Telegram messaging platform to communicate with a man who would connect him with the Russian Territorial Defense Unit, a volunteer military corps.
“Loftus said he had already sent the man approximately $1200 to purchase equipment for Russian soldiers,” prosecutors wrote. “Loftus said his intent was to fight for Russian and against Ukraine.”
Loftus declined to address the court before U.S. District Judge Dabney Friedrich sentenced him for the probation violation. The judge said Loftus has repeatedly violated court orders.
“He doesn’t think these rules should apply to him,” Friedrich said. “He wants to be above the law.”
Defense attorney Benjamin Schiffelbein said Loftus wanted to enlist in the Russian military because he “felt bad” for Russian soldiers and wanted to help them.
“He had no idea whether they could make use of him,” the lawyer said.
Loftus, a six-year Army veteran, intended to permanently relocate to another country, according to prosecutors.
“And his planned travel was for the express purpose of joining a foreign army to take up arms against one of this country’s allies and in opposition to this country’s foreign policy,” they wrote.
In January 2021, Loftus traveled from Wisconsin to Washington, D.C., to attend then-President Donald Trump’s “Stop the Steal” rally near the White House. After joining the mob of Trump supporter at the Capitol, he entered the building and took photographs. He spent approximately five minutes inside the Capitol.
Loftus was arrested at his Wisconsin home several days after the riot. He pleaded guilty in October 2021 to a misdemeanor count of parading, demonstrating, or picketing in a Capitol building.
After his arrest, Loftus posted comments about his case on social media, referring to himself as “famous” and a “hero” for taking part in the Jan. 6 attack.
“Loftus also stated that he gained that fame by ‘standing up for all Americans’ because he ‘broke the law,’ and he would file lawsuits against unidentified persons after the criminal case was over,” prosecutors wrote.
Prosecutors recommended 30 days of imprisonment for Loftus, but Friedrich initially sentenced him to three years of probation.
For his probation violation, prosecutors requested a six-month prison sentence. They noted the Loftus, while on probation, also was arrested in December 2023 and charged with driving while intoxicated in Richardson, Texas. Loftus was required to attend a substance abuse program, but he avoided jail time for that violation.
Over 1,500 people have been charged with Capitol riot-related crimes. More than 1,000 of them have been convicted and sentenced, with roughly two-thirds receiving a term of imprisonment ranging from a few days to 22 years.
Trump has repeatedly vowed to pardon Capitol rioters, but the district court judges in Washington, D.C., typically have refused to postpone sentencing, plea hearings and trials until after the president-elect returns to the White House.