NYPD veteran convicted of assaulting officer in Capitol riot

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

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

Jurors deliberated for lower than three hours before they convicted Webster of all six counts in his indictment, including a cost that he assaulted Metropolitan Police Division officer Noah Rathbun with a harmful weapon, a metallic flagpole. The assault charge alone is punishable by up to 20 years in prison, although sentencing guidelines seemingly will suggest a significantly shorter prison time period.

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 fight 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 decision said movies capturing the officer’s assault from multiple angles have been crucial evidence rebutting Webster’s self-defense argument.

“I guess we had been all surprised that he would even make that protection argument,” mentioned a juror who spoke on condition of anonymity. “There was no dissention among us in any respect. We unanimously agreed that there was no self-defense argument right here in any respect.”

One other juror, who additionally spoke on condition of anonymity, mentioned Webster’s self-defense declare “simply 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 additionally were convicted of all expenses of their respective indictments. A judge determined two other cases and not using a jury, acquitting one of the defendants and partially acquitting the other.

Webster, who wore a masks in court, confirmed no obvious response to the verdict.

“We’re upset,” defense attorney James Monroe stated after the decision, “but we recognized from the beginning that people here (in Washington, D.C.) have been quite traumatized by what transpired on Jan. 6. And I feel we noticed some of this expressed today.”

Prosecutors requested for Webster to be detained, however the decide agreed to let him remain free until his sentencing. He’ll proceed to be monitored with an ankle bracelet. The decide stated it was a “close call” whether or not to jail him immediately however famous that he has complied with present conditions of release and doesn’t have any prior convictions.

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

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

Rathbun’s body camera captured Webster shouting profanities and insults earlier than they made any physical contact. Webster mentioned 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 physique digicam video exhibits that Webster slammed one of the bike racks at Rathbun before the officer reached out with an open left hand and struck the correct aspect of Webster’s face. Webster mentioned it felt as though he had been hit by a freight prepare.

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

Rathbun said he was trying to maneuver Webster back from a safety perimeter that he and different officers have been struggling to keep up.

After Rathbun struck his face, Webster swung a metallic flag pole on the officer in a downward chopping movement, putting a motorbike rack. Rathbun grabbed the damaged pole from Webster, who charged on the officer, tackled him to the bottom and grabbed his fuel masks.

Rathbun testified that he began choking as the chin strap on his fuel mask pressed towards his throat. Webster stated he grabbed Rathbun by the gasoline mask because he needed the officer to see his arms.

Rathbun reported a hand harm from a separate encounter with a rioter contained in the Capitol. He didn’t report any injuries brought on by Webster, however jurors noticed photographs 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 harmful weapon; civil dysfunction; entering and remaining in restricted grounds with a harmful weapon; disorderly and disruptive conduct in restricted grounds with a harmful weapon; engaging in bodily violence in restricted grounds with a dangerous weapon; and engaging 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 private security element. He served within the U.S. Marine Corps from 1985 to 1989 earlier than becoming a member of the NYPD in 1991.

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

Two other 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 no jury acquitted Matthew Martin, a New Mexico man who mentioned outnumbered law enforcement officials allowed him and others to enter the Capitol by the Rotunda doors.

Two riot defendants didn’t testify at their trials before jurors convicted them of all costs, including interfering with officers. One in all them, Thomas Robertson, was an off-duty police officer from Rocky Mount, Virginia. The opposite, Texas resident Guy Wesley Reffitt, also was convicted of storming the Capitol with a holstered handgun.

U.S. District Choose 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 but acquitted him of participating in disorderly conduct.