NYPD veteran convicted of assaulting officer in Capitol riot

WASHINGTON (AP) — A federal jury on Monday convicted a New York Police Department veteran of assaulting an officer in the course of the U.S. Capitol riot, rejecting his claim that he was defending himself when he tackled the officer and grabbed his gasoline mask.

Thomas Webster, a 20-year NYPD veteran, was the first Capitol riot defendant to be tried on an assault cost and the primary to current a jury with a self-defense argument.

Jurors deliberated for lower than three hours earlier than they convicted Webster of all six counts in his indictment, including a cost that he assaulted Metropolitan Police Department officer Noah Rathbun with a dangerous weapon, a metal flagpole. The assault charge alone is punishable by as much as 20 years in jail, though sentencing guidelines seemingly will advocate a significantly shorter jail term.

Webster, 56, testified that he was making an attempt to protect himself from a “rogue cop” who punched him within the face. He also accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or decide a battle with Webster as a violent mob attacked the Capitol on Jan. 6, 2021, disrupting Congress from certifying Joe Biden’s 2020 presidential election victory over then-President Donald Trump.

Two jurors who spoke to reporters after the verdict stated videos capturing the officer’s assault from multiple angles were crucial proof rebutting Webster’s self-defense argument.

“I assume we were all shocked that he would even make that defense argument,” said a juror who spoke on situation of anonymity. “There was no dissention amongst us at all. We unanimously agreed that there was no self-defense argument here in any respect.”

Another juror, who also spoke on condition of anonymity, stated Webster’s self-defense declare “just didn’t stack up.”

U.S. District Choose Amit Mehta is scheduled to condemn Webster on Sept. 2.

Webster’s jury trial was the fourth for a Capitol riot case. The primary three defendants to get a jury trial also were convicted of all fees in their respective indictments. A choose determined two other instances without a jury, acquitting one of the defendants and partially acquitting the opposite.

Webster, who wore a mask in court docket, confirmed no apparent reaction to the verdict.

“We’re disillusioned,” protection legal professional James Monroe mentioned after the decision, “however we recognized from the start that folks right here (in Washington, D.C.) were fairly traumatized by what transpired on Jan. 6. And I think we noticed some of this expressed at present.”

Prosecutors asked for Webster to be detained, however the judge agreed to let him stay free till his sentencing. He’ll proceed to be monitored with an ankle bracelet. The choose mentioned it was a “close call” whether to jail him immediately but famous that he has complied with present circumstances of release and doesn’t have any prior convictions.

Webster drove alone to Washington from his house near Goshen, New York, on the eve of the Jan. 6 “Stop the Steal” rally. He was wearing a bulletproof vest and carrying a U.S. Marine Corps flag on a metal pole when he approached the Capitol, after listening to Trump address 1000's of supporters.

Webster mentioned he went to the Capitol to “petition” lawmakers to “relook” on the outcomes of the 2020 presidential election. However he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral Faculty vote.

Rathbun’s body camera captured Webster shouting profanities and insults before they made any physical contact. Webster stated he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of motorcycle racks.

The body digicam video shows that Webster slammed one of many bike racks at Rathbun before the officer reached out with an open left hand and struck the best facet of Webster’s face. Webster mentioned it felt as if he had been hit by a freight prepare.

“It was a hard hit, and all I wished to do was defend myself,” Webster said.

Rathbun stated he was attempting to maneuver Webster again from a security perimeter that he and different officers have been struggling to maintain.

After Rathbun struck his face, Webster swung a steel flag pole at the officer in a downward chopping motion, hanging a motorbike rack. Rathbun grabbed the broken pole from Webster, who charged on the officer, tackled him to the ground and grabbed his gasoline masks.

Rathbun testified that he began choking as the chin strap on his gas masks pressed towards his throat. Webster stated he grabbed Rathbun by the gasoline mask because he wanted the officer to see his hands.

Rathbun reported a hand harm from a separate encounter with a rioter contained in the Capitol. He didn’t report any accidents attributable to Webster, however jurors saw pictures of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster confronted counts of assaulting, resisting or impeding an officer utilizing a dangerous weapon; civil dysfunction; coming into and remaining in restricted grounds with a dangerous weapon; disorderly and disruptive conduct in restricted grounds with a dangerous weapon; participating in bodily violence in restricted grounds with a harmful weapon; and fascinating in an act of bodily violence on Capitol grounds.

Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg’s personal safety element. He served in the U.S. Marine Corps from 1985 to 1989 earlier than becoming a member of the NYPD in 1991.

Greater than 780 folks have been charged with riot-related federal crimes. The Justice Division says more than 245 of them have been charged with assaulting or impeding legislation enforcement. More than 100 officers have been injured.

Two different defendants testified at their trials. Dustin Byron Thompson, an Ohio man who was convicted by a jury of obstructing Congress from certifying Biden’s presidential victory, mentioned he was following orders from Trump. A judge listening to testimony with out a jury acquitted Matthew Martin, a New Mexico man who said outnumbered law enforcement officials allowed him and others to enter the Capitol through the Rotunda doorways.

Two riot defendants didn’t testify at their trials earlier than jurors convicted them of all fees, together with interfering with officers. Certainly one of them, Thomas Robertson, was an off-duty police officer from Rocky Mount, Virginia. The other, Texas resident Man Wesley Reffitt, also was convicted of storming the Capitol with a holstered handgun.

U.S. District Decide Trevor McFadden, a Trump nominee who acquitted Martin of all expenses, additionally presided over a bench trial for New Mexico elected official Couy Griffin. McFadden convicted Griffin of illegally entering restricted Capitol grounds however acquitted him of partaking in disorderly conduct.