Thomas Webster’s jail term is the longest so far among around 250 people who have been punished for their behavior during the riot on January 6, 2021. The previous longest was shared by two other rioters, who were sentenced separately to seven years and three months In prison. Webster, a 20-year veteran of New York, was the first Capitol riot defendant to go on trial on assault charges and the first to present a self-defense argument. A jury rejected Webster’s claim that he was acting in self-defense when he confronted Metropolitan Police Department Officer Noah Rathbun and grabbed his gas mask outside the Capitol on Jan. 6. U.S. District Judge Amit Mehta sentenced Webster, 56, to 10 years in prison plus three years of supervised release. He allowed Webster to report to jail at a date to be determined instead of immediately ordering him into custody. “Mr. Webster, I don’t think you’re a bad man,” said the judge. “I think you were caught in a moment. But as you know, even being caught in a moment has consequences.” Webster turned to apologize to Rathbun, who was in the courtroom but not addressing the judge. Webster said he wished he had never come to Washington, DC “I wish the horrible events of that day had never happened,” he told the judge. The judge said Rathbun was not Webster’s only victim on January 6. “The other victim was democracy and that is not something that can be taken lightly,” Mehta added. Federal prosecutors had recommended a prison sentence of 17 years and six months. The court’s probation department had recommended a 10-year prison sentence. Mehta was not bound by the recommendations. In a court filing, prosecutors accused Webster of “dishonoring a democracy he once fought honorably to protect and serve.” Webster led the charge against police barricades in the Capitol’s Lower West Plaza, prosecutors said. They compared the attack to a medieval battle, with rioters pelting officers with improvised missiles and engaging in hand-to-hand combat. “Nothing can explain or justify Mr. Webster’s rage. Nothing can explain or justify his violence,” Assistant U.S. Attorney Hava Mirell said Thursday. Defense attorney James Monroe said in a court filing that the mob was “led by unscrupulous politicians” and others who were promoting the lie that the 2020 presidential election was stolen from the Republican incumbent. He questioned why prosecutors argued that Webster did not deserve leniency for his 25 years of service to his country and to New York. “That’s not how we measure justice. This is revenge,” Monroe said. In May, jurors deliberated for less than three hours before convicting Webster of all six counts in his indictment, including the charge that he attacked Rathbun with a dangerous weapon, the flagpole. Also Thursday, a New Jersey man pleaded guilty to using pepper spray on police officers, including one who later died. Officer Brian Siknik suffered a stroke the day after the riot and died of natural causes. He and other officers stood guard behind metal bicycle racks as the mob of Trump supporters stormed the Capitol. Julian Hutter, 33, pleaded guilty to two counts of assaulting or obstructing officers with a dangerous weapon. He could face up to 20 years in prison, though he will likely face a sentence ranging from about 6 1/2 to 8 years at a sentencing hearing set for December. The case against Khater and a second man was among the most notable brought by the Justice Department. George Pierre Tanios brought the pepper spray in a backpack. Tanios previously pleaded guilty and is also due to be sentenced in December. Webster had testified at trial that he was trying to protect himself from a “rogue cop” who punched him in the face. He also accused Rathbun of instigating the confrontation. Rathbun testified that he did not punch or fight Webster. Rathbun said he was trying to get Webster away from a security perimeter he and other officers were trying to maintain. Rathbun’s body camera captured Webster yelling profanities and swearing before they made any physical contact. The video shows Webster slamming into one of Rathbun’s bike racks before the officer reached out with an open left hand and hit Webster on the right side of the face. After Rathbun punched him in the face, Webster swung a metal flagpole at the officer in a downward motion, hitting a bicycle rack. Rathbun grabbed the broken pole from Webster, who attacked the officer, pinned him to the ground and grabbed his gas mask, choking him by the chin strap. Webster drove alone to Washington from his home near Goshen, New York, on the eve of the Jan. 6 “Stop the Steal” rally where Trump addressed thousands of supporters. Webster was wearing a bulletproof vest and carrying a Marine Corps flag on a metal pole when he joined the mob that stormed the Capitol. Webster said he went to Capitol Hill to “ask” lawmakers to “reconsider” the results of the 2020 presidential election. However, he testified that he did not intend to intervene in a joint session of Congress to certify President Joe Biden’s victory. Webster retired from the NYPD in 2011 after 20 years of service, which included a stint in then-Mayor Michael Bloomberg’s private security detail. He served in the US Marine Corps from 1985 to 1989 before joining the NYPD in 1991.
Associated Press writer Lindsay Whitehurst contributed to this report.
