Department of Justice
- A Capitol riot defendant got 45 days in jail even though prosecutors didn't ask for jail time.
- US District Judge Tanya S. Chutkan said the punishment was meant to deter other possible rioters.
- Chutkan reportedly said "the country is watching" to see what consequences rioters get.
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The defense attorney requested probation; the prosecution asked for home confinement.
But US District Judge Tanya S. Chutkan overlooked both appeals and slapped Capitol riot defendant Matthew Mazzocco with 45 days in jail – the first time an insurrection participant has been sentenced to jail time without prosecutors requesting it first.
Mazzocco, 37, pleaded guilty to one misdemeanor count of parading, demonstrating, or picketing in a Capitol building in July. The charge has become a common one among low-level Capitol attack participants who have struck plea deals in recent months.
Although both the prosecution and the judge acknowledged that Mazzocco spent only 12 minutes inside the Capitol on January 6 and did not cause any damage, Chutkan, a former public defender, sentenced the Texas man to 45 days in jail, 60 hours of community service, and $500 restitution for damage done to the federal building.
According to The Washington Post, Chutkan said if Mazzocco walked away with probation "and a slap on the wrist" it wouldn't "deter anyone from trying what he did again."
"Because the country is watching," she reportedly said during the sentencing, "to see what the consequences are for something that has not ever happened in this country before, for actions and crimes that undermine the rule of law and our democracy."
Prosecutors said Mazzocco flew from his San Antonio home to attend the January 6 "Stop the Steal" rally in Washington, DC, before walking with the mob of Trump supporters to the Capitol building.
Following the attack, Mazzocco posted photos of himself inside the Capitol on January 6, prompting parents involved in his youth sports league to alert the FBI, according to court documents.
Department of Justice
"I am truly sorry for my actions that day," Mazzocco told the judge, according to The Post. "It has truly taken a toll on me. I'm not just saying that because I want to get off. I know I made a big mistake. I want to apologize to the country, to you and to the police officers … I'm just very sorry."
But Chutken said Mazzocco had only begun to show remorse once he realized the possible consequences of his actions. The judge also noted the defendant's behavior after he had returned home to Texas, where she said he bragged about his participation, denied there had even been a riot, and blamed Antifa for the violence.
"There have to be consequences for participating in an attempted violent overthrow of the government, beyond sitting at home," Chutkan reportedly said.
Ninety-two rioters have pleaded guilty for their role in the Capitol attack so far, but only 11 participants have been sentenced thus far.
