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 gas masks.

Thomas Webster, a 20-year NYPD veteran, was the primary Capitol riot defendant to be tried on an assault charge and the first to present 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, together with a cost that he assaulted Metropolitan Police Department officer Noah Rathbun with a dangerous weapon, a steel flagpole. The assault cost alone is punishable by up to 20 years in jail, although sentencing guidelines possible will advocate a significantly shorter prison term.

Webster, 56, testified 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 didn’t punch or choose a struggle 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 said movies capturing the officer’s assault from a number of angles have been crucial proof rebutting Webster’s self-defense argument.

“I assume we had been all shocked that he would even make that defense argument,” stated 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 here at all.”

One other juror, who additionally spoke on condition of anonymity, stated Webster’s self-defense declare “simply didn’t stack up.”

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

Webster’s jury trial was the fourth for a Capitol riot case. The first three defendants to get a jury trial additionally have been convicted of all fees in their respective indictments. A judge determined two different cases with no jury, acquitting one of many defendants and partially acquitting the other.

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

“We’re disillusioned,” defense lawyer James Monroe mentioned after the verdict, “however we acknowledged from the beginning that folks here (in Washington, D.C.) have been fairly traumatized by what transpired on Jan. 6. And I think we saw some of this expressed at the moment.”

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

Webster drove alone to Washington from his residence close to Goshen, New York, on the eve of the Jan. 6 “Stop 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 deal with 1000's of supporters.

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

Rathbun’s body digicam captured Webster shouting profanities and insults before 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 bike racks.

The physique digital camera 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 appropriate aspect of Webster’s face. Webster said it felt as if he had been hit by a freight train.

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

Rathbun said he was attempting to move Webster back from a safety perimeter that he and other officers have been struggling to take care of.

After Rathbun struck his face, Webster swung a metal flag pole on the officer in a downward chopping movement, hanging a bike rack. Rathbun grabbed the broken pole from Webster, who charged at the officer, tackled him to the bottom and grabbed his gas mask.

Rathbun testified that he began choking because the chin strap on his gas mask pressed in opposition to his throat. Webster mentioned he grabbed Rathbun by the fuel masks because he wished the officer to see his hands.

Rathbun reported a hand damage from a separate encounter with a rioter inside the Capitol. He didn’t report any injuries attributable to Webster, however jurors saw photos 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 physical violence in restricted grounds with a dangerous weapon; and engaging in an act of physical 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 non-public security detail. 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 people have been charged with riot-related federal crimes. The Justice Department says more than 245 of them have been charged with assaulting or impeding legislation 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, said he was following orders from Trump. A choose listening to testimony and not using a jury acquitted Matthew Martin, a New Mexico man who stated outnumbered police officers allowed him and others to enter the Capitol by the Rotunda doors.

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

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