A Texas man has been sentenced for his role in the insurrection at the U.S. Capitol January 6, 2021.
Samuel Montoya was arrested in Austin in April of 2021 and charged with four crimes:
Entering and Remaining in a Restricted Building
Disorderly and Disruptive Conduct in a Capitol Building
Impeding Passage Through the Capitol Grounds or Buildings
Parading, Demonstrating, or Picketting in a Capitol Building
He initially pleaded not guilty to all four counts but changed his plea to guilty on the count of "parading, demonstrating or picketing in a Capitol building" in November. He was sentenced this week on the charge, which is a misdemeanor punishable by up to six months in prison.
Prosecutors had recommended a 45 day prison sentence. U.S. District Judge John Bates instead sentenced Montoya, 37, to three years of probation, 120 days of home confinement and 60 hours of community service. Bates also required Montoya to pay a $1,500 fine and $500 in restitution, saying it was a "close call" to decide against a prison sentence.
Montoya said he was working as a video editor for Infowars and was a member of the media. Before the sentence was issued, he told the judge he regretted his approach to covering the insurrection.
"Nothing like what happened at the Capitol that day should ever take place again. I truly hope my apology offers a bit of closure to my fellow countrymen as we recover and heal together," he said.
Bates said Montoya would not receive a "free pass" because he claimed he was working for the media.
Court documents accuse Montoya of joining "scores of individuals who entered the U.S. Capitol Building without permission while Congress convened to certify the Electoral College vote for the 2020 Presidential Election."
Prosecutors say Montoya entered through the Senate Wing Door at 2:18 p.m. and joined a crowd near a barricaded door to the Speaker's Lobby. They say he stayed there until law enforcement ushered the crowd out another door 38 minutes later.
Prosecutors say Montoya posted 44 minutes of video titled, "Patriots Storm Congress Raw Footage Includes Execution of Ashli Babbit" and embedded the video with the tag, "THERESISTANCE VIDEO."
"At one point in the video, the defendant turned the camera on himself, exclaiming, 'It feels good to be in the Capitol baby!'" court documents read.
“He was not just an observer. He was a participant," the judge said during the sentencing hearing.
Ashli Babbit was shot and killed by Capitol Police as she climbed through a broken door. Federal prosecutors cleared the officer of wrongdoing.
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