First rioter to enter Capitol during Jan. 6 attack is sentenced to over 4 years in prison

theprogressivist @lemmy.world to politics @lemmy.world – 268 points – First rioter to enter Capitol during Jan. 6 attack is sentenced to over 4 years in prison
abcnews.go.com

WASHINGTON -- A Kentucky man who was the first rioter to enter the U.S. Capitol during a mob's attack on the building was sentenced on Tuesday to more than four years in prison.

A police officer who tried to subdue Michael Sparks with pepper spray described him as a catalyst for the Jan. 6 insurrection. The Senate that day recessed less than one minute after Sparks jumped into the building through a broken window. Sparks then joined other rioters in chasing a police officer up flights of stairs.

Before learning his sentencing, Sparks told the judge that he still believes the 2020 presidential election was marred by fraud and “completely taken from the American public."

“I am remorseful that what transpired that day didn't help anybody,” Sparks said. “I am remorseful that our country is in the state it's in.”

U.S. District Judge Timothy Kelly, who sentenced Sparks to four years and five months, told him that there was nothing patriotic about his prominent role in what was a “national disgrace.”

“I don't really think you appreciate the full gravity of what happened that day and, quite frankly, the full seriousness of what you did,” the judge said.

Federal prosecutors recommended a prison sentence of four years and nine months for Sparks, a 47-year-old former factory worker from Cecilia, Kentucky.

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The DOJ asked for 57 months. It’s not a good idea to tell the judge that you’re only remorseful because it didn’t succeed.

That’s a very light sentence for treason.

Except that's not what he was charged with, but nevermind that.

That's a mistake on the part of the prosecution, but it may have been made necessary because they couldn't prove that beyond a shadow of a doubt, but had the insurrectionist dead to rights on what they did get him for.

Sometimes, you take the sentence you can get. :(

Would love to see some kind of therapy to help de-program his cult veil of what actually happened, and to work through why it's him paying the price right now instead of the cult leader.

Why not? 4 years is only 48 months.

Really?

Most legal scholars agree that in order to charge treason, the US must be at war.

Sorry, missed the context.

The reason is the judge has a sliding scale for sentencing per guidelines. The DOJ tend to ask for the top of the scale. In this case 5 years. Because of the lack of remorse, the judge sentenced 4 years and 5 months. By being an asshole, this guy bought himself an extra almost half year.

Do you have a source on that?

Sure, the US Constitution, Article III, Section 3, Clause 1

That's not a legal scholar. This clause in the constitution says it's treason to "levy war" against the US, which one would imagine includes a large group of armed people storming the Capitol, regardless if the country is currently "at war".

I'm curious about the idea that "legal scholars agree" that the country itself must already be at war, unless that's not what you meant?

Since you obviously refuse to read it...

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.

No consequences for the assholes that started the lies to get their dumbass voters to raid the capital to overthrow the nation.

That’s it? 4 years? He will be out before next insurrection gala

FOX “News” + the poorly educated + a shameless lying conman = Jan 6

The real tragedy is the main culprit has been given tacit approval by the $upremecy Court.

In Checkers everybody's expendable except the guy moving the pieces.

Sparks used social media to promote conspiracy theories about election fraud and advocate for a civil war. “It’s time to drag them out of Congress. It’s tyranny,” he posted on Facebook three days before the riot. [He and a friend] wore tactical vests.

Hard to argue innocence with all that.

Sparks added: “All it’s going to take is one person to go. The rest is following,"

He wasn't wrong.

What bakes my noodle is: that this guy and presumably almost half of voters firmly believe that the 2020 election wasn't accurate. Factor in that like a third of the population doesn't even vote...

I don't know what that adds up to, but I don't like it.

Is it always like this? Does it matter? Idk, bums me out.