Reffitt was convicted March 8 of five felony offenses, including obstruction of Congress as it met to certify the 2020 election result, interfering with police and carrying a firearm to a riot, and threatening his teenage son, who turned him in to the FBI.
The defense for Reffitt, a 49-year-old former oil industry rig manager, asked for a below-guidelines sentence of two years in prison. Attorney F. Clinton Broden said in a filing that his client committed no violence and has no criminal history, yet prosecutors are seeking far more time for him than for defendants who have pleaded guilty to assaulting police.
“It makes a mockery of the criminal justice system, the Sixth Amendment right to trial, and the victims assaulted by [others] to argue that Mr. Reffitt should be given a sentence greater than (let alone three times greater than) a defendant who assaulted police officers on at least two separate occasions, spent three hours on the Capitol grounds and who has a past history of violence,” Broden wrote.
But Assistant U.S. Attorneys Jeffrey Nestler and Risa Berkower said Reffitt’s case is exceptional.
Reffitt “played a central role” at the head of a vigilante mob that challenged and overran police at a key choke point, a stairway leading up from the Lower West Terrace, before the initial breach of windows near the Capitol’s Senate Wing Doors at 2:13 p.m., prosecutors said. After the riot, Reffitt warned his son and 16-year-old daughter that “if you turn me in, you’re a traitor, and traitors get shot,” his son testified at the trial.
Conventional sentencing rules are of “inadequate scope” to account for the range of Reffitt’s obstruction, witness tampering and weapon offenses, prosecutors wrote in a 58-page sentencing memo.
“Reffitt sought not just to stop Congress, but also to physically attack, remove, and replace the legislators who were serving in Congress,” prosecutors wrote.
They called his conduct “a quintessential example of an intent to both influence and retaliate against government conduct through intimidation or coercion” and said it reflected the statutory definition of terrorist violence that is subject to harsher punishment.
Reffitt recorded himself at a rally led by President Donald Trump at the Ellipse saying he was ready to drag lawmakers including House Speaker Nancy A. Pelosi (D-Calif.), and Senate Majority Leader Mitch McConnell (R-Kent.) “out kicking and screaming,” with “her [Pelosi’s] head hitting every step on the way down.”
A jury found that Reffitt traveled to D.C. from his home in Wylie, Tex., with an AR-style rifle and semiautomatic .40-caliber handgun and repeatedly stated his intention to come armed with a handgun and plastic handcuffs to drag lawmakers out of the building. After returning home from Washington, he threatened his children to ensure they did not to turn him in to authorities.
The request by the U.S. attorney’s office in D.C., which is overseeing prosecutions of roughly 840 Capitol siege defendants federally charged so far, is not binding on U.S. District Judge Dabney L. Friedrich, who has gone below prosecutors’ recommendation in 22 of 24 Jan. 6…
Read More: Guy Reffitt sentencing: U.S. seeks 15-year sentence, citing terrorism
