An Ohio man who testified that he was "following presidential orders" from Donald Trump when he stormed the US Capitol has been convicted of obstructing Congress from certifying US President Joe Biden's 2020 electoral victory.
A federal jury additionally discovered Dustin Byron Thompson, 38, responsible of stealing a coat rack from an workplace contained in the Capitol throughout the riot on January 6, 2021.
Thompson's jury trial was the third amongst lots of of Capitol riot instances prosecuted by the US Justice Division. Within the first two instances, jurors convicted each defendants of all costs.
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Thompson, an exterminator who misplaced his job throughout the COVID-19 pandemic, was the primary Capitol riot defendant to mount a trial protection blaming Trump and members of his internal circle for the riot.
Assistant U.S. Lawyer William Dreher stated that Thompson knew he was breaking the legislation when he joined the mob that attacked the Capitol and, in his case, looted the Senate parliamentarian's workplace. The prosecutor advised jurors that Thompson's lawyer "needs you to assume it's a must to select between President Trump and his consumer."
"You do not have to decide on as a result of this isn't President Trump's trial. That is the trial for Dustin Thompson due to what he did on the Capitol on the afternoon on January 6," Dreher stated.
Defence lawyer Samuel Shamansky stated Thompson hasn't prevented taking duty for his conduct that day.
"This shameful chapter in our historical past is all on TV," Shamansky advised jurors.
However he stated Thompson, unemployed and consumed by a gentle weight loss program of conspiracy theories, was susceptible to Trump's lies a few stolen election. He described Thompson as a "pawn" and Trump as a "gangster" who abused his energy to control supporters.
"The susceptible are seduced by the sturdy, and that is what occurred right here," Shamansky stated.
Thompson's jury trial is the third amongst lots of of Capitol riot instances prosecuted by the US Justice Division. Within the first two instances, jurors convicted the defendants of all costs.
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US District Choose Reggie Walton barred Thompson's lawyer from calling Trump and former New York Metropolis Mayor Rudolph Giuliani as trial witnesses. However the decide dominated that jurors might hear recordings of speeches that Trump and Giuliani delivered on January 6, earlier than the riot erupted. A recording of Trump's remarks was performed.
Shamansky claimed that Giuliani incited rioters by encouraging them to have interaction in "trial by fight" and that Trump provoked the mob by saying that "in the event you do not battle like hell, you are not going to have a rustic anymore."
Dreher advised jurors that neither Trump nor Giuliani had the authority to "make authorized" what Thompson did on the Capitol.
Thompson, who testified on Wednesday, admitted that he joined the mob's assault and stole the coat rack and a bottle of bourbon from the Senate parliamentarian's workplace. He stated he regretted his "disgraceful" habits.
"I can not imagine the issues that I did," he stated. "Mob mentality and group assume may be very actual and really harmful."
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Thompson stated he believed Trump's false declare that the election was stolen and was attempting to face up for the lame duck president.
"If the president is supplying you with virtually an order to do one thing, I felt obligated to try this," he testified.
Thompson is charged with six counts: obstructing Congress' joint session to certify the Electoral School vote, theft of presidency property, coming into or remaining in a restricted constructing or grounds, disorderly or disruptive conduct in a restricted constructing or grounds, disorderly or disruptive conduct in a Capitol constructing, and parading, demonstrating or picketing in a Capitol constructing.
The obstruction rely is the one felony cost. The remaining are misdemeanors.
Thompson drove from Ohio to Washington with a buddy, Robert Lyon, who additionally was arrested lower than a month after the riot. Lyon pleaded responsible in March to 2 misdemeanors — theft of presidency property and disorderly conduct — and is to be sentenced June 3.
Thompson and Lyon took an Uber journey into Washington on the morning of January 6. After Trump's speech, they headed to the Capitol.
Thompson was carrying a bulletproof vest when he entered the constructing and went to the parliamentarian's workplace. The FBI stated brokers later searched Lyon's cellphone and located a video that confirmed a ransacked workplace and Thompson yelling: "Wooooo! 'Merica Hey! That is our home!"
"(Trump) did not drive you to go. He did not drive you to stroll each step of the best way to the Capitol constructing, did he?" Dreher requested Thompson on Wednesday.
"No," Thompson stated.
"You selected to try this?" Dreher requested.
"I used to be following presidential orders, however sure," Thompson stated.
Greater than 770 individuals have been charged with federal crimes arising from the riot. Over 250 of them have pleaded responsible, largely to misdemeanors. Thompson is the fifth individual to be tried on riot-related costs.
On Monday, a jury convicted a former Virginia police officer, Thomas Robertson, of storming the Capitol with one other off-duty officer. Final month, a jury convicted a Texas man, Man Reffitt, of storming the constructing with a holstered handgun.
A decide listening to testimony with no jury determined instances in opposition to two different Capitol riot defendants at separate bench trials. US District Choose Trevor McFadden acquitted considered one of them of all costs and partially acquitted the opposite.