Judge locks ‘Three Percenter’ militia members up in Jan. 6 obstruction case

Three California men who were linked to the “Three Percenter” militia group and found guilty in connection with the Jan. 6 Capitol attack were apprehended on Friday. This came after a judge issued a ruling that they should serve prison sentences ranging from 21 to 33 months, which was significantly shorter than what the government had initially sought.

Erik Scott Warner, Felipe Antonio Martinez, Derek Kinnison, and Ronald Mele faced trial last year and were convicted of felony obstruction of an official proceeding along with other charges. In a separate trial, Alan Hostetter, a former California police chief and co-defendant, received a federal prison sentence of over 11 years in December. During the trials, co-defendant Russell Taylor, who had entered into a plea deal with the government, provided testimony.

The Supreme Court is currently reviewing the felony charge that the defendants were convicted of, which is obstruction of an official proceeding. During the proceedings, some of the justices expressed doubts about the government’s usage of this charge. We can expect a decision on this case in the near future. If the Supreme Court decides to weaken the charge, two of the defendants may only have to serve 12 months in prison for their misdemeanor convictions.

The evidence presented at trial revealed that the men used a Telegram chat called “The California Patriots โ€” DC Brigade” to communicate and made arrangements to bring weapons with them on their trip to Washington for the Jan. 6 event. They even had a shotgun in their car and admitted to storing five handguns in their hotel room, despite knowing that it was illegal. Prosecutors shared a statement by Martinez, who jokingly said, “We’re packing light, just a scatter gun and a pistol each.”

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Judge Royce Lamberth has handed down sentences for the four individuals involved in the case. The prosecution had initially requested prison terms ranging from 6.5 to eight years, but the judge ultimately decided on lower sentences that fell within the guidelines range.

Warner was sentenced to 27 months in prison after expressing remorse to Lamberth for getting involved with the mob. He admitted his mistake, stating, “I shouldn’t have been there,” and apologized to his family for the distress he caused them.

Martinez expressed deep remorse for his actions and issued a sincere apology in court. He acknowledged the gravity of his conduct and assured Judge Lamberth that he would never repeat such behavior. As a result, Martinez was sentenced to 21 months in prison.

Kinnison received a prison sentence of 33 months. In his statement, he expressed his deep love for God, family, and country, and commended the Judeo-Christian principles on which the nation was built. He acknowledged his wrongdoing, seeking repentance and forgiveness for his sins, while also offering prayers for Judge Lamberth and the prosecuting team involved in the case.

Mele, who was also sentenced to 33 months, granted his co-conspirators a so-called “Capitol Action Badge” shortly after January 6. Prosecutors characterized this as a modified version of a genuine military honor. Reflecting on the events of that day, Mele acknowledged that it had tarnished the nation’s reputation and left a lasting impact. The trial process, along with the distressing videos showcasing the abhorrent violence at the Capitol, served as an eye-opener for him. Mele expressed his disapproval of the incident, describing it as senseless.

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The defendants, except for Martinez, were facing a request from the government to serve eight years in prison. However, the government suggested that Martinez should serve six and a half years.

Assistant U.S. Attorney Anthony Mariano emphasized the immense significance of the case, stating that the defendants belonged to a unique group of Jan. 6 defendants who collaborated and executed a premeditated scheme. Mariano highlighted that they arrived in Washington fully equipped, similar to soldiers prepared for battle.

According to Mariano, it is important to take into account January 6, 2025, as well as future dates such as 2029 and 2033 when considering the sentence imposed. He emphasized that we are currently 262 days away from January 6, 2025.

Over 1,387 individuals have faced charges in relation to the Capitol attack, with over 984 defendants having been found guilty. Out of the 859 defendants who have received sentencing, over 520 have been handed various prison terms, ranging from a few days to as long as 22 years in federal prison.

Out of all the defendants in custody from the events of January 6th, the majority have either admitted to their criminal actions or have been found guilty in trial. It is important to note, however, that there are only around 15 defendants currently in pretrial custody.

Ryan J. Reilly, a justice reporter for NBC News, brings an extensive knowledge and expertise to the field. With a keen eye for detail and a passion for accurate reporting, Ryan consistently delivers high-quality journalism that informs and engages readers. As a trusted source of information, he has earned a reputation for his dedication to uncovering the truth and shedding light on important issues. Through his work, Ryan strives to provide insightful analysis and comprehensive coverage that empowers readers to make informed decisions.

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