Ex-cop who attacked Capitol police officer on Jan. 6 gets 10 years
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| Washington
A retired New York Police Department officer was sentenced on Thursday to a record-setting 10 years in prison for attacking the U.S. Capitol and using a metal flagpole to assault one of the police officers trying to hold off a mob of Donald Trump supporters.
Thomas Webster鈥檚 prison sentence is the longest so far among roughly 250 people who have been punished for their conduct during the riot on Jan. 6, 2021. The previous longest was shared by two other rioters, who were sentenced separately to seven years and three months in prison.
Mr. Webster, a 20-year NYPD veteran, was the first Capitol riot defendant to be tried on an assault charge and the first to present a self-defense argument. A jury rejected Mr. Webster鈥檚 claim that he was defending himself when he tackled Metropolitan Police Department officer Noah Rathbun and grabbed his gas mask outside the Capitol on Jan. 6.
U.S. District Judge Amit Mehta sentenced Mr. Webster to 10 years in prison plus three years of supervised release. He allowed Mr. Webster to report to prison at a date to be determined instead of immediately ordering him into custody.
鈥淢r. Webster, I don鈥檛 think you鈥檙e a bad person,鈥 the judge said. 鈥淚 think you were caught up in a moment. But as you know, even getting caught up in a moment has consequences.鈥
Mr. Webster turned to apologize to Mr. Rathbun, who was in the courtroom but didn鈥檛 address the judge. Mr. Webster said he wishes he had never come to Washington, D.C.
鈥淚 wish the horrible events of that day had never happened,鈥 he told the judge.
The judge said Mr. Rathbun wasn鈥檛 Mr. Webster鈥檚 only victim on Jan. 6.
鈥淭he other victim was democracy, and that is not something that can be taken lightly,鈥 Judge Mehta added.
Federal prosecutors had recommended a prison sentence of 17 years and six months. The court鈥檚 probation department had recommended a 10-year prison sentence. Judge Mehta wasn鈥檛 bound by the recommendations.
In a court filing, prosecutors accused Mr. Webster of 鈥渄isgracing a democracy that he once fought honorably to protect and serve.鈥 Mr. Webster led the charge against police barricades at the Capitol鈥檚 Lower West Plaza, prosecutors said. They compared the attack to a medieval battle, with rioters pelting officers with makeshift projectiles and engaging in hand-to-hand combat.
鈥淣othing can explain or justify Mr. Webster鈥檚 rage. Nothing can explain or justify his violence,鈥 Assistant U.S. Attorney Hava Mirell said Thursday.
Defense attorney James Monroe said in a court filing that the mob was 鈥済uided by unscrupulous politicians鈥 and others promoting the lie that the 2020 presidential election was stolen from the Republican incumbent. He questioned why prosecutors argued that Mr. Webster didn鈥檛 deserve leniency for his 25 years of service to his country and New York City.
鈥淭hat is not how we measure justice. That is revenge,鈥 Mr. Monroe said.
In May, jurors deliberated for less than three hours before they convicted Mr. Webster of all six counts in his indictment, including a charge that he assaulted Mr. Rathbun with a dangerous weapon, the flagpole.
Also Thursday, a New Jersey man pleaded guilty to using pepper spray on police officers, including one who later died. Officer Brian Sicknick suffered a stroke the day after the riot and died of natural causes. He and other officers were standing guard behind metal bicycle racks as the mob of pro-Trump supporters stormed the Capitol.
Julian Khater pleaded guilty to two counts of assaulting or impeding officers with a dangerous weapon. He could face up to 20 years in prison, though will likely face a sentence ranging from about 6 1/2 to 8 years at a hearing set for December.
The case against Mr. Khater and a second man have been among the more notable brought by the Justice Department. George Pierre Tanios brought the pepper spray in a backpack. Mr. Tanios previously pleaded guilty and is also set to be sentenced in December.
Mr. Webster had testified at trial that he was trying to protect himself from a 鈥渞ogue cop鈥 who punched him in the face. He also accused Mr. Rathbun of instigating the confrontation.
Mr. Rathbun testified that he didn鈥檛 punch or pick a fight with Mr. Webster. Mr. Rathbun said he was trying to move Mr. Webster back from a security perimeter that he and other officers were struggling to maintain.
Mr. Rathbun鈥檚 body camera captured Mr. Webster shouting profanities and insults before they made any physical contact. The video shows that Mr. Webster slammed one of the bike racks at Mr. Rathbun before the officer reached out with an open left hand and struck the right side of Mr. Webster鈥檚 face.
After Mr. Rathbun struck his face, Mr. Webster swung a metal flag pole at the officer in a downward chopping motion, striking a bike rack. Mr. Rathbun grabbed the broken pole from Mr. Webster, who charged at the officer, tackled him to the ground and grabbed his gas mask, choking him by the chin strap.
Mr. Webster drove alone to Washington, D.C., from his home near Goshen, New York, on the eve of the Jan. 6 鈥淪top the Steal鈥 rally, where Mr. Trump addressed thousands of supporters. Mr. Webster was wearing a bulletproof vest and carrying a Marine Corps flag on a metal pole when he joined the mob that stormed the Capitol.
Mr. Webster said he went to the Capitol to 鈥減etition鈥 lawmakers to 鈥渞elook鈥 at the results of the 2020 presidential election. But he testified that he didn鈥檛 intend to interfere with Congress鈥 joint session to certify President Joe Biden鈥檚 victory.
Mr. Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg鈥檚 private security detail. He served in the U.S. Marine Corps from 1985 to 1989 before joining the NYPD in 1991.
This story was reported by The Associated Press. AP writer Lindsay Whitehurst contributed to this report.