Matthew Mazzocco sentenced to jail despite prosecutors’ request for home confinement

A Texas person who joined the mob that stormed the U.S. Capitol on Jan 6.

A Texas person who joined the mob that stormed the U.S. Capitol on Jan 6. was sentenced Monday to 45 days behind bars even nevertheless prosecutors weren’t trying to find jail time, right after the decide blasted comparisons between the riot that day and the Black Lives Subject protests about racial injustice. 

U.S. District Decide Tanya Chutkan known as it a false equivalence “to examine the actions of folks protesting, primarily peacefully, for civil rights” to the mob that “was hoping to overthrow the govt.” She stated accomplishing so “ignores the extremely genuine threat that the Jan. 6 riots pose to the foundation of our democracy.” 

The judge’s remarks in the circumstance against Matthew Mazzocco of San Antonio arrived times immediately after yet another choose in Washington’s federal court docket advised that the Justice Department was getting also really hard on the Jan. 6 defendants when when compared to the people arrested in the course of the protests immediately after George Floyd’s murder. 

Decide Trevor McFadden, an appointee of former President Donald Trump, questioned Friday why federal prosecutors had not brought extra scenarios towards those people who had taken component in the 2020 summertime protests and stated the Justice Office “would have a lot more credibility if it was even-handed in its worry about riots and mobs in this town.” He sentenced Danielle Doyle of Oklahoma to probation even however prosecutors experienced recommended two months of home confinement. 

Chutkan, who was appointed by former President Barack Obama, mentioned she “flatly” disagreed with the recommendation lifted by “some people” that the Jan. 6 defendants ended up remaining handled unfairly. In reality, she mentioned she believes all those who joined the pro-Trump mob ended up getting dealt with far more leniently than a lot of other defendants. 

She observed the huge the vast majority of rioters were not arrested on Jan. 6 but ended up authorized to return dwelling and that a lot of defendants, like Mazzocco, ended up charged only with misdemeanors even with what she termed the “premeditated final decision to occur to the District to consider to prevent the peaceful transfer of power.” 

Some Jan. 6 defendants and their Republican allies have claimed that the Justice Office has taken care of the Capitol rioters harshly simply because of their political views, even though people who brought on violence in the wake of Floyd’s killing were provided leniency. But an Affiliated Press analysis of courtroom files in additional than 300 federal scenarios stemming from the racial injustice protests confirmed that dozens of persons have been convicted of really serious crimes and sent to jail.

Prosecutors experienced been seeking three months of house confinement for Mazzocco, who pleaded guilty to a one misdemeanor charge of demonstrating in the Capitol. Mazzocco expended 12 minutes within the developing and posted a selfie on Facebook following the riot with the caption: “the funds is ours!” Assistant U.S. Attorney Kimberley Nielsen mentioned that he was among the the 1st 10 Jan. 6 defendants to take responsibility for his steps. 

In a letter Mazzocco‘s attorney browse to the choose, he referred to as his choice to enter the Capitol “one of the most foolish and impulsive decisions” of his everyday living. He informed the judge his actions have taken a substantial toll on him and that he has acquired “countless demise threats.” 

“Since that working day, I’ve lived with the sensation of disgrace, sorrow and remorse, not because I’m going by means of lawful difficulties, but for the reason that I’m seeing the region I love so dearly divided like never ever prior to,” Mazzocco wrote. 

The decide stated Mazzocco‘s participation in the riot warrants time guiding bars even although he did not steal or demolish nearly anything or damage any individual at the Capitol. She mentioned that “the rioters who committed violence that day did so mainly because they experienced the security of quantities,” thanks to people like Mazzocco. 

“Mr. Mazzocco did not go to the United States Capitol out of any appreciate or assistance for our state, he went there to support a single gentleman who he viewed had the election taken from him,” she claimed. 

About 90 Jan. 6 defendants have pleaded responsible, primarily to reduced level misdemeanor charges, but only a handful have received their punishments so far. Two other defendants, who pleaded responsible to a distinctive misdemeanor charge of disorderly conduct, had been also sentenced very last week to 45 days behind bars. 

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