The long arm of the law reached out and arrested and convicted a local resident in the January 6, 2021 US. Capitol riot. From the Florida Times-Union, Newsweek U.S. District Court for D.C. and USDOJ press release:
U.S. Capitol rioter from St. Augustine learns his sentence for Jan. 6, 2021, mob attack
Scott ButlerJacksonville Florida Times-UnionA St. Augustine man joins a long list of U.S. Capitol rioters sentenced for his violent participation in the planned Jan. 6, 2021, breach.
Anthony L. Sargent, 47, must serve five years in federal prison on a felony count of civil disorder and misdemeanor charges that included the destruction of property; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or buildings.
He was sentenced Friday in Washington after pleading guilty on July 21. U.S. District Court Judge Dabney Friedrich also ordered 36 months of supervised release and restitution of $2,980, according to the U.S. Attorney's Office, District of Columbia.
The mass of protesters disrupted a joint session of the U.S. Congress convened to review the electoral votes in the 2020 presidential election.
Several videos show Sargent attempting to breach the north entrance to the Capitol building, pushing with the mob against officers, according to court documents. After the officers retreated into the Capitol, Sargent picked up a heavy rock-like object about the size of a softball and twice hurled it at the doors.
Sargent also physically separated an officer from a rioter he was trying to detain. He then grabbed and pushed the officer away from his post and into the mob of rioters, the U.S. Attorney's Office said.
Leading up to the Jan. 6 attack, Sargent had vocalized on the messaging platform of the right-wing extremist group Proud Boys his support for a riot and civil war, the documents said. He was arrested on Sept. 21, 2021, in St. Augustine.
In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been chargedin nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call (800) CALL-FBI (800-225-5324) or visit tips.fbi.gov.
From Newsweek:
A St. Augustine man joins a long list of U.S. Capitol rioters sentenced for his violent participation in the planned Jan. 6, 2021, breach.
Anthony L. Sargent, 47, must serve five years in federal prison on a felony count of civil disorder and misdemeanor charges that included the destruction of property; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or buildings.
He was sentenced Friday in Washington after pleading guilty on July 21. U.S. District Court Judge Dabney Friedrich also ordered 36 months of supervised release and restitution of $2,980, according to the U.S. Attorney's Office, District of Columbia.
The mass of protesters disrupted a joint session of the U.S. Congress convened to review the electoral votes in the 2020 presidential election.
Several videos show Sargent attempting to breach the north entrance to the Capitol building, pushing with the mob against officers, according to court documents. After the officers retreated into the Capitol, Sargent picked up a heavy rock-like object about the size of a softball and twice hurled it at the doors.
Sargent also physically separated an officer from a rioter he was trying to detain. He then grabbed and pushed the officer away from his post and into the mob of rioters, the U.S. Attorney's Office said.
Leading up to the Jan. 6 attack, Sargent had vocalized on the messaging platform of the right-wing extremist group Proud Boys his support for a riot and civil war, the documents said. He was arrested on Sept. 21, 2021, in St. Augustine.
In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been chargedin nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call (800) CALL-FBI (800-225-5324) or visit tips.fbi.gov.
From Newsweek:
Judge Rips Capitol Rioter's 'Laughable' Defense Before Surprising Sentence
A judge slammed the defense arguments of a Florida man who pleaded guilty to charges of civil disorder in connection to the January 6, 2021, riot at the United States Capitol building during his sentencing Friday.
Anthony Sargent, a 47-year-old man from St. Augustine, Florida, is among the more than 1,100 Americans who have been charged for their alleged role in the riot, when a group of former President Donald Trump's supporters violently protested the results of the 2020 presidential election in order to block Congressfrom certifying then-president elect Joe Biden's victory. Trump has claimed, without substantial evidence, the election was stolen from him via widespread voter fraud. The former president himself has also been charged for allegedly trying to thwart the election results. Trump, the GOP frontrunner for the 2024 presidential nomination, has maintained his innocence in the case.
Sargent previously pleaded guilty to a variety of charges in connection to the insurrection and appeared in court for his sentencing Friday, reported CBS News' Scott MacFarlane on X, formerly Twitter, in a series of posts. The sentencing was overseen by Judge Dabney Friedrich.
Friedrich serves as a judge United States District Court for the District of Columbia. She was nominated to the court by Trump.
Federal prosecutors accused Sargent of breaching the north entrance of the Capitol building, alleging that security footage shows him pushing with the crowd against officers guarding the building in an attempt to get inside. Another video allegedly shows him "throwing a rock-like object toward the inner doors of the north entrance," the Department of Justice (DOJ) wrote in a July 2023 press release.
During his sentencing, Sargent said he was attempting to "help endangered police officers" when he threw the rock at the door of the Capitol building and joined the mob, MacFarlane reported.
Friedrich, however, described the explanation as "laughable" and said she is "not buying it," slamming Sargent for not appearing to accept full responsibility for his actions, according to MacFarlane.
"To say he broke glass to get inside [the Capitol] to help people....I'm not buying that story at all," she said.
MacFarlane reported that the judge and defense got into an "animated" back-and-forth about the claim, in which his attorneys argued that January 6 was a "fluid situation" and that "emotions were running high." Sargent, meanwhile, said he regrets his actions.
"I wish I hadn't done it. I'm not a violent person. I have massive respect for law enforcement," he said, according to the report.
Friedrich ultimately sentenced Sargent to 60 months, equivalent to five years, to prison, 14 months higher than the DOJ's recommendation. MacFarlane noted this sort of sentencing "isn't common."
Newsweek reached out to Sargent's attorney for comment via email.
USDOJ press release states:
For Immediate ReleaseU.S. Attorney's Office, District of Columbia WASHINGTON – A Florida man was sentenced today on a felony and six misdemeanor charges related to his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Anthony Sargent, 47, of St. Augustine, Fla., was sentenced to 60 months in prison for the felony count of civil disorder and misdemeanor charges that included the destruction of property; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or buildings.
Sargent pleaded guilty, on July 21, 2023, in the District of Columbia. In addition to the prison term, U.S. District Court Judge Dabney L. Friedrich ordered 36 months of supervised release, and restitution of $2,980.
According to court documents, during the January 6 attack on the Capitol, Sargent grabbed and pushed a police officer to prevent him from detaining another rioter; twice shoved two officers away from the Capitol as they tried to retreat to safety; twice threw a heavy object at a set of doors leading into the Capitol with the intent to break the doors’ glass panels, while officers stood behind those doors; and encouraged other rioters to damage the same set of doors. Sargent’s violence was not spontaneous—as a member of the Proud Boys, he vocalized his support for a riot and civil war on the group’s messaging platform in the days leading up to January 6.
Several open-source videos depict Sargent attempting to breach the north entrance to the Capitol building. In one of the videos, court documents state that Sargent is seen pushing with the mob against officers guarding the building.
After the officers retreated into the Capitol, Sargent and other rioters pursued them. Sargent and the rioters, however, were stopped by a set of doors locked by the officers.
Shortly thereafter, Sargent picked up a heavy rock-like object approximately the size of a softball and twice hurled it at the inner set of doors. When Sargent threw the object, police officers stood directly behind the doors.
Later that day, in the same area, a police officer entered the crowd to attempt to detain a rioter who assaulted another officer. As the officer moved towards the rioter, Sargent physically separated the officer from the rioter and prevented the officer from apprehending the rioter. Sargent then grabbed and pushed that officer away from his post at the North Door and into the mob of rioters.
Sargent was arrested on Sept. 21, 2021, in St. Augustine.
This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Florida.
This case was investigated by the FBI’s Washington and Jacksonville Field Offices, which identified Sargent as BOLO (Be on the Lookout) #158 on its seeking information photos. Valuable assistance was provided by U.S. Capitol Police and the Metropolitan Police Department.
In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Updated December 15, 2023U.S. District Court for the District of Columbia, Terrorism Task Force Affidavit:Case 1:21-cr-00639-DLF Document 1-1 Filed 09/13/21 Page 1 of 12
STATEMENT OF FACTS
Your affiant, Sean M. O’Donovan, is a Special Agent with the Federal Bureau of Investigation (“FBI”). I am assigned to FBI’s Northeast Florida Joint Terrorism Task. I have been a Special Agent since June 2001. In my current duties, I am responsible for conducting a variety of investigations in the area of counterterrorism. In the performance of my duties, I have led and participated in investigations of matters involving violations of federal law related to domestic terrorism, international terrorism, weapons of mass destruction, and bombing matters. Currently, I am tasked with investigating criminal activity in and around the Capitol grounds on January 6, 2021. As a Special Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public.
On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice President Mike Pence was present and presiding, first in the joint session, and then in the Senate chamber.
As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside.
At such time, the certification proceedings still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts.
Shortly thereafter, at approximately 2:20 p.m. members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
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President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there.
In January 2021, FBI Special Agents reviewed open source online videos submitted in connection with a complaint received via the National Threat Operations Center regarding the January 6, 2021 Capitol building intrusion. The agents documented numerous unidentified subjects who engaged in destructive or violent conduct near the entrance of the Capitol Building, and submitted them to the FBI’s Be On the Look Out (“BOLO”) alerts.
The individual depicted below, later identified as Anthony SARGENT (“SARGENT”), was listed as BOLO 158. SARGENT appears to be wearing a gray hooded sweatshirt and a black face gaiter with a skull jawbone printed on it.
1
Your affiant has reviewed severalopen source videos that depict SARGENT attempting to breach the north entrance to the Capitol building on January 6, 2021. In one of the videos,2 SARGENT is seen pushing the crowd in an apparent attempt to breach the outer doors of the north entrance to the Capitol building. In this video, SARGENT appears to be wearing a gray hoodie and a green military-style backpack. At this time, the doors to the north entrance of the Capitol building appearclosed.
1 https://www.fbi.gov/wanted/capitol-violence-images/capitol-158.jpg/view.
2 The New Yorker, “A Reporter’s Footage from Inside the Capitol Siege,” YouTube (Jan. 17,
2021), available at https://www.youtube.com/watch?v=270F8s5TEKY. 2
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SARGENT is next seen exiting the north entrance of the Capitol building through a cloud of white smoke. As depicted in the photo below, SARGENT appears to have tattoos on the knuckles and back side of his right hand.
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After the smoke dissipates, SARGENT can be seen waving the crowd back toward the north entrance of the Capitol.
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SARGENT is then seen re-exiting the north entrance after a chemical irritant is sprayed.
The next open source video3 shows rioters attempting to break through the inner doors to the north entrance of the Capitol building. Your affiant believes that this video was taken after
3 The Rundown Live, “Save America Protestors Attempt Entrance into Washington DC Capitol,” YouTube (Jan. 6, 2021), available at https://www.youtube.com/watch?v=y-C4F7x6oFY. As of September 10, 2021, this link appears to have been disabled.
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the attempted breach depicted in the screenshots above, since the outer doors of the north entrance appear open in this video.
As depicted in the screenshots below, a tattoo on the back side of SARGENT’s right hand is visible as SARGENT repeatedly throws an unknown object toward the inner doors of the north entrance. Based on estimates provided by the Office of Architect of the Capitol, your affiant believes that SARGENT, together with other rioters, caused over $1,000 in damage to the north doors of the U.S. Capitol building.
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SARGENT also appears to be wearing a radio on his jean pocket, as circled in red in the image below.
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Identification of SARGENT
Law enforcement has identified two open source photographs of an individual resembling the individual depicted in the screenshots above. The first photograph (left) is from a June 15, 2017 magazine article titled “BMX Factor: Anthony Sargent of First Coast BMX,” published in the St. Augustine Social.4 The second photograph (right) is from an article published on a news website called One News Page and titled “How Canada Has Handled the Proud Boys.”5 This undated photo appears to show SARGENT at a rally wearing yellow and black apparel. Based on my training and experience, I know these colors to be affiliated with the Proud Boys.
Open source searches for “Anthony Sargent Proud Boys” revealed the following Twitter accounts: @anontreborsux, @anontreborsuxg2, @treborsux. Using the Internet Archive’s “Wayback Machine,” law enforcement was able to retrieve the profile page for the now-disabled account username @anontreborsuxg2. The user account page contains an image of an individua l with a thick black beard resembling SARGENT. The profile information lists the user’s name as “Sarge Slaughter” with the following description: “Ancient City Proud Boy Constitutionalist Unapologetic no mask.” The background photo for the account is a recruitment poster in the style of an Uncle Sam U.S. Army recruitment poster that displays the text: “WE WANT YOU TO BE A PROUD BOY: We are western chauvinists who refuse to apologize for creating the modern world.”
4 Alexter Albury, “BMX Factor: Anthony Sargent of First Coast BMX,” St. Augustine Social (June 15, 2017), available at https://www.staugustinesocial.com/bmx-factor-anthony-sargent- first-coast-bmx/.
5 https://www.onenewspage.com/video/20210128/13600836/How-Canada-Has-Handled-The- Proud-Boys.htm.
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Law enforcement has also reviewed the Twitter page associated with the still-active account @treborsux. The profile information lists the user’s name as “Anthony Sargent” with the description: “BMX saved my life.”
On May 22, 2018, Twitter user @treborsux posted a captioned mirror selfie-style photograph that resembles SARGENT. In particular, the knuckle tattoos in the mirrored image of the man’s right hand resemble the knuckle tattoos on SARGENT’s right hand in open source photos from January 6, 2021.
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Finally, on March 19, 2021, law enforcement conducting surveillance in St. Augustine, Florida, obtained the following photos of SARGENT. The first photo shows the tattoos on the back of SARGENT’s right hand and knuckles.
The second photo shows SARGENT wearing a backwards black cap with the yellow Proud Boys logo on the side. SARGENT is also wearing a red face/neck gaiter with a skull print, simila r to the face/neck gaiter that SARGENT can be seen wearing in the January 6, 2021 photos of him hurling an unknown object toward the inner doors of the north entrance to the Capitol building.
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According to records obtained through a search warrant served on Google, a mobile device associated with anontreborsux@gmail.com was present at the U.S. Capitol on January 6, 2021. Google estimates device location using sources including GPS data and information about nearby Wi-Fi access points and Bluetooth beacons. This location data varies in its accuracy, depending on the source(s) of the data. As a result, Google assigns a “maps display radius” for each location data point. Thus, where Google estimates that its location data is accurate to within 10 meters, Google assigns a “maps display radius” of 10 meters to the location data point. Finally, Google reports that its “maps display radius” reflects the actual location of the covered device approximately 68% of the time. In this case, Google location data shows that a device associated with anontreborsux@gmail.com was near the north entrance to the U.S. Capitol from approximately 3:30 p.m. to 4:17 p.m. EST, and near the east entrance to the U.S. Capitol from approximately 4:40 p.m. to 4:49 p.m. EST. Google records show that the “maps display radius” for this location data was less than 100 feet, which encompasses an area that is both within and outside the U.S. Capitol Building.
Based on the foregoing, your affiant submits that there is probable cause to believe that SARGENT violated 18 U.S.C. §§ 1361 and 2, by willfully injuring or committing, or attempting to willingly injure or commit, any depredation against any property of the United States. The inner door to the north entrance of the United States Capitol is property of the United States government.
Your affiant submits that there is also probable cause to believe that SARGENT violated 18 U.S.C. § 1752(a)(1), (2), and (4), which makes it a crime to: (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; and (4) knowingly engages in any act of physical violence against
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any person or property in any restricted building or grounds; or attempts or conspires to do so. For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Finally, your affiant submits that there is probable cause to believe that SARGENT violated 40 U.S.C. § 5104(e)(2)(D) and (F), which makes it a crime to willfully and knowingly: (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; and (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings.
_________________________________ Sean M. O’Donovan
Special Agent
Federal Bureau of Investigation
Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by telephone, this 13th day of September, 2021.
___________________________________ ROBIN M. MERIWEATHER
U.S. MAGISTRATE JUDGE
U.S. District Court for the District fo Columbia, docket sheet:
A judge slammed the defense arguments of a Florida man who pleaded guilty to charges of civil disorder in connection to the January 6, 2021, riot at the United States Capitol building during his sentencing Friday.
Anthony Sargent, a 47-year-old man from St. Augustine, Florida, is among the more than 1,100 Americans who have been charged for their alleged role in the riot, when a group of former President Donald Trump's supporters violently protested the results of the 2020 presidential election in order to block Congressfrom certifying then-president elect Joe Biden's victory. Trump has claimed, without substantial evidence, the election was stolen from him via widespread voter fraud. The former president himself has also been charged for allegedly trying to thwart the election results. Trump, the GOP frontrunner for the 2024 presidential nomination, has maintained his innocence in the case.
Sargent previously pleaded guilty to a variety of charges in connection to the insurrection and appeared in court for his sentencing Friday, reported CBS News' Scott MacFarlane on X, formerly Twitter, in a series of posts. The sentencing was overseen by Judge Dabney Friedrich.
Friedrich serves as a judge United States District Court for the District of Columbia. She was nominated to the court by Trump.
Federal prosecutors accused Sargent of breaching the north entrance of the Capitol building, alleging that security footage shows him pushing with the crowd against officers guarding the building in an attempt to get inside. Another video allegedly shows him "throwing a rock-like object toward the inner doors of the north entrance," the Department of Justice (DOJ) wrote in a July 2023 press release.
During his sentencing, Sargent said he was attempting to "help endangered police officers" when he threw the rock at the door of the Capitol building and joined the mob, MacFarlane reported.
Friedrich, however, described the explanation as "laughable" and said she is "not buying it," slamming Sargent for not appearing to accept full responsibility for his actions, according to MacFarlane.
"To say he broke glass to get inside [the Capitol] to help people....I'm not buying that story at all," she said.
MacFarlane reported that the judge and defense got into an "animated" back-and-forth about the claim, in which his attorneys argued that January 6 was a "fluid situation" and that "emotions were running high." Sargent, meanwhile, said he regrets his actions.
"I wish I hadn't done it. I'm not a violent person. I have massive respect for law enforcement," he said, according to the report.
Friedrich ultimately sentenced Sargent to 60 months, equivalent to five years, to prison, 14 months higher than the DOJ's recommendation. MacFarlane noted this sort of sentencing "isn't common."
Newsweek reached out to Sargent's attorney for comment via email.
USDOJ press release states:
WASHINGTON – A Florida man was sentenced today on a felony and six misdemeanor charges related to his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Anthony Sargent, 47, of St. Augustine, Fla., was sentenced to 60 months in prison for the felony count of civil disorder and misdemeanor charges that included the destruction of property; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or buildings.
Sargent pleaded guilty, on July 21, 2023, in the District of Columbia. In addition to the prison term, U.S. District Court Judge Dabney L. Friedrich ordered 36 months of supervised release, and restitution of $2,980.
According to court documents, during the January 6 attack on the Capitol, Sargent grabbed and pushed a police officer to prevent him from detaining another rioter; twice shoved two officers away from the Capitol as they tried to retreat to safety; twice threw a heavy object at a set of doors leading into the Capitol with the intent to break the doors’ glass panels, while officers stood behind those doors; and encouraged other rioters to damage the same set of doors. Sargent’s violence was not spontaneous—as a member of the Proud Boys, he vocalized his support for a riot and civil war on the group’s messaging platform in the days leading up to January 6.
Several open-source videos depict Sargent attempting to breach the north entrance to the Capitol building. In one of the videos, court documents state that Sargent is seen pushing with the mob against officers guarding the building.
After the officers retreated into the Capitol, Sargent and other rioters pursued them. Sargent and the rioters, however, were stopped by a set of doors locked by the officers.
Shortly thereafter, Sargent picked up a heavy rock-like object approximately the size of a softball and twice hurled it at the inner set of doors. When Sargent threw the object, police officers stood directly behind the doors.
Later that day, in the same area, a police officer entered the crowd to attempt to detain a rioter who assaulted another officer. As the officer moved towards the rioter, Sargent physically separated the officer from the rioter and prevented the officer from apprehending the rioter. Sargent then grabbed and pushed that officer away from his post at the North Door and into the mob of rioters.
Sargent was arrested on Sept. 21, 2021, in St. Augustine.
This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Florida.
This case was investigated by the FBI’s Washington and Jacksonville Field Offices, which identified Sargent as BOLO (Be on the Lookout) #158 on its seeking information photos. Valuable assistance was provided by U.S. Capitol Police and the Metropolitan Police Department.
In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
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STATEMENT OF FACTS
Your affiant, Sean M. O’Donovan, is a Special Agent with the Federal Bureau of Investigation (“FBI”). I am assigned to FBI’s Northeast Florida Joint Terrorism Task. I have been a Special Agent since June 2001. In my current duties, I am responsible for conducting a variety of investigations in the area of counterterrorism. In the performance of my duties, I have led and participated in investigations of matters involving violations of federal law related to domestic terrorism, international terrorism, weapons of mass destruction, and bombing matters. Currently, I am tasked with investigating criminal activity in and around the Capitol grounds on January 6, 2021. As a Special Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public.
On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice President Mike Pence was present and presiding, first in the joint session, and then in the Senate chamber.
As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside.
At such time, the certification proceedings still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts.
Shortly thereafter, at approximately 2:20 p.m. members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
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President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there.
In January 2021, FBI Special Agents reviewed open source online videos submitted in connection with a complaint received via the National Threat Operations Center regarding the January 6, 2021 Capitol building intrusion. The agents documented numerous unidentified subjects who engaged in destructive or violent conduct near the entrance of the Capitol Building, and submitted them to the FBI’s Be On the Look Out (“BOLO”) alerts.
The individual depicted below, later identified as Anthony SARGENT (“SARGENT”), was listed as BOLO 158. SARGENT appears to be wearing a gray hooded sweatshirt and a black face gaiter with a skull jawbone printed on it.
1
Your affiant has reviewed severalopen source videos that depict SARGENT attempting to breach the north entrance to the Capitol building on January 6, 2021. In one of the videos,2 SARGENT is seen pushing the crowd in an apparent attempt to breach the outer doors of the north entrance to the Capitol building. In this video, SARGENT appears to be wearing a gray hoodie and a green military-style backpack. At this time, the doors to the north entrance of the Capitol building appearclosed.
1 https://www.fbi.gov/wanted/capitol-violence-images/capitol-158.jpg/view.
2 The New Yorker, “A Reporter’s Footage from Inside the Capitol Siege,” YouTube (Jan. 17,
2021), available at https://www.youtube.com/watch?v=270F8s5TEKY. 2
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SARGENT is next seen exiting the north entrance of the Capitol building through a cloud of white smoke. As depicted in the photo below, SARGENT appears to have tattoos on the knuckles and back side of his right hand.
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After the smoke dissipates, SARGENT can be seen waving the crowd back toward the north entrance of the Capitol.
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SARGENT is then seen re-exiting the north entrance after a chemical irritant is sprayed.
The next open source video3 shows rioters attempting to break through the inner doors to the north entrance of the Capitol building. Your affiant believes that this video was taken after
3 The Rundown Live, “Save America Protestors Attempt Entrance into Washington DC Capitol,” YouTube (Jan. 6, 2021), available at https://www.youtube.com/watch?v=y-C4F7x6oFY. As of September 10, 2021, this link appears to have been disabled.
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the attempted breach depicted in the screenshots above, since the outer doors of the north entrance appear open in this video.
As depicted in the screenshots below, a tattoo on the back side of SARGENT’s right hand is visible as SARGENT repeatedly throws an unknown object toward the inner doors of the north entrance. Based on estimates provided by the Office of Architect of the Capitol, your affiant believes that SARGENT, together with other rioters, caused over $1,000 in damage to the north doors of the U.S. Capitol building.
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SARGENT also appears to be wearing a radio on his jean pocket, as circled in red in the image below.
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Identification of SARGENT
Law enforcement has identified two open source photographs of an individual resembling the individual depicted in the screenshots above. The first photograph (left) is from a June 15, 2017 magazine article titled “BMX Factor: Anthony Sargent of First Coast BMX,” published in the St. Augustine Social.4 The second photograph (right) is from an article published on a news website called One News Page and titled “How Canada Has Handled the Proud Boys.”5 This undated photo appears to show SARGENT at a rally wearing yellow and black apparel. Based on my training and experience, I know these colors to be affiliated with the Proud Boys.
Open source searches for “Anthony Sargent Proud Boys” revealed the following Twitter accounts: @anontreborsux, @anontreborsuxg2, @treborsux. Using the Internet Archive’s “Wayback Machine,” law enforcement was able to retrieve the profile page for the now-disabled account username @anontreborsuxg2. The user account page contains an image of an individua l with a thick black beard resembling SARGENT. The profile information lists the user’s name as “Sarge Slaughter” with the following description: “Ancient City Proud Boy Constitutionalist Unapologetic no mask.” The background photo for the account is a recruitment poster in the style of an Uncle Sam U.S. Army recruitment poster that displays the text: “WE WANT YOU TO BE A PROUD BOY: We are western chauvinists who refuse to apologize for creating the modern world.”
4 Alexter Albury, “BMX Factor: Anthony Sargent of First Coast BMX,” St. Augustine Social (June 15, 2017), available at https://www.staugustinesocial.com/bmx-factor-anthony-sargent- first-coast-bmx/.
5 https://www.onenewspage.com/video/20210128/13600836/How-Canada-Has-Handled-The- Proud-Boys.htm.
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Law enforcement has also reviewed the Twitter page associated with the still-active account @treborsux. The profile information lists the user’s name as “Anthony Sargent” with the description: “BMX saved my life.”
On May 22, 2018, Twitter user @treborsux posted a captioned mirror selfie-style photograph that resembles SARGENT. In particular, the knuckle tattoos in the mirrored image of the man’s right hand resemble the knuckle tattoos on SARGENT’s right hand in open source photos from January 6, 2021.
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Finally, on March 19, 2021, law enforcement conducting surveillance in St. Augustine, Florida, obtained the following photos of SARGENT. The first photo shows the tattoos on the back of SARGENT’s right hand and knuckles.
The second photo shows SARGENT wearing a backwards black cap with the yellow Proud Boys logo on the side. SARGENT is also wearing a red face/neck gaiter with a skull print, simila r to the face/neck gaiter that SARGENT can be seen wearing in the January 6, 2021 photos of him hurling an unknown object toward the inner doors of the north entrance to the Capitol building.
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According to records obtained through a search warrant served on Google, a mobile device associated with anontreborsux@gmail.com was present at the U.S. Capitol on January 6, 2021. Google estimates device location using sources including GPS data and information about nearby Wi-Fi access points and Bluetooth beacons. This location data varies in its accuracy, depending on the source(s) of the data. As a result, Google assigns a “maps display radius” for each location data point. Thus, where Google estimates that its location data is accurate to within 10 meters, Google assigns a “maps display radius” of 10 meters to the location data point. Finally, Google reports that its “maps display radius” reflects the actual location of the covered device approximately 68% of the time. In this case, Google location data shows that a device associated with anontreborsux@gmail.com was near the north entrance to the U.S. Capitol from approximately 3:30 p.m. to 4:17 p.m. EST, and near the east entrance to the U.S. Capitol from approximately 4:40 p.m. to 4:49 p.m. EST. Google records show that the “maps display radius” for this location data was less than 100 feet, which encompasses an area that is both within and outside the U.S. Capitol Building.
Based on the foregoing, your affiant submits that there is probable cause to believe that SARGENT violated 18 U.S.C. §§ 1361 and 2, by willfully injuring or committing, or attempting to willingly injure or commit, any depredation against any property of the United States. The inner door to the north entrance of the United States Capitol is property of the United States government.
Your affiant submits that there is also probable cause to believe that SARGENT violated 18 U.S.C. § 1752(a)(1), (2), and (4), which makes it a crime to: (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; and (4) knowingly engages in any act of physical violence against
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any person or property in any restricted building or grounds; or attempts or conspires to do so. For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Finally, your affiant submits that there is probable cause to believe that SARGENT violated 40 U.S.C. § 5104(e)(2)(D) and (F), which makes it a crime to willfully and knowingly: (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; and (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings.
_________________________________ Sean M. O’Donovan
Special Agent
Federal Bureau of Investigation
Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by telephone, this 13th day of September, 2021.
___________________________________ ROBIN M. MERIWEATHER
U.S. MAGISTRATE JUDGE
U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:21-cr-00639-DLF-1
Case title: USA v. SARGENT
Magistrate judge case number: 1:21-mj-00600-RMM
Date Filed: 10/22/2021
Assigned to: Judge Dabney L. Friedrich
Defendant (1)ANTHONY SARGENT represented by William Lee Shipley , Jr.
LAW OFFICES OF WILLIAM L. SHIPLEY
PO Box 745
Kailua, HI 96734
808-228-1341
Email: 808Shipleylaw@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
John M. Pierce
JOHN PIERCE LAW P.C.
21550 Oxnard Street
Suite 3rd Floor OMB #172
Woodland Hills, CA 91367
213-400-0725
Email: jpierce@johnpiercelaw.com
TERMINATED: 11/15/2022
Designation: Retained
Pending Counts
Disposition18:231(a)(3); CIVIL DISORDER; Civil Disorder
(1s) Defendant sentenced to sixty (60) months of incarceration, thirty-six (36) months of supervised release, $2,980 in restitution and $100 special assessment 18:1361 and 2; GOVERNMENT PROPERTY OR CONTRACTS (<=1000); Destruction of Government Property and Aiding and Abetting
(2s) Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment 18:1752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Entering and Remaining in a Restricted Building or Grounds
(3s) Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment 18:1752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Building or Grounds
(4s) Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment 18:1752(a)(4); TEMPORARY RESIDENCE OF THE PRESIDENT; Engaging in Physical Violence in a Restricted Building or Grounds
(5s) Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment 40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in a Capitol Building
(6s) Defendant sentenced to six (6) months of incarceration to run concurrently, $2,980 in restitution and $10 special assessment 40:5104(e)(2)(F); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Act of Physical Violence in the Capitol Grounds or Buildings
(7s) Defendant sentenced to six (6) months of incarceration to run concurrently, $2,980 in restitution and $10 special assessment
Highest Offense Level (Opening)Felony
Terminated Counts
Disposition18:231(a)(3); CIVIL DISORDER; Civil Disorder
(1) DISMISSED AT THE REQUEST OF THE GOVERNMENT 18:1361 and 2; GOVERNMENT PROPERTY OR CONTRACTS <=; Destruction of Government Property and Aiding and Abetting
(2) DISMISSED AT THE REQUEST OF THE GOVERNMENT 18:1752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Entering and Remaining in a Restricted Building or Grounds
(3) DISMISSED AT THE REQUEST OF THE GOVERNMENT 18:1752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Building or Grounds
(4) DISMISSED AT THE REQUEST OF THE GOVERNMENT 18:1752(a)(4); TEMPORARY RESIDENCE OF THE PRESIDENT; Engaging in Physical Violence in a Restricted Building or Grounds
(5) DISMISSED AT THE REQUEST OF THE GOVERNMENT 40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in a Capitol Building
(6) DISMISSED AT THE REQUEST OF THE GOVERNMENT 40:5104(e)(2)(F); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Act of Physical Violence in the Capitol Grounds or Buildings
(7) DISMISSED AT THE REQUEST OF THE GOVERNMENT
Highest Offense Level (Terminated)Felony
Complaints
DispositionCOMPLAINT in Violation of 18:1361, 2, 18:1752(a)(1), 18:1752(a)(2), 18:1752(a)(4), 40:5104(e)(2)(D) and 40:5104(e)(2)(F)
PlaintiffUSA represented by Andrew Haag
USAO
Criminal Division
601 D Street NW
Washington, DC 20530
202-252-7755
Email: andrew.haag@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant U.S. Attorney
Joshua Ontell
USAO
601 D Street, NW
Washington, DC 20530
(202) 252-7706
Email: joshua.ontell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant U.S. Attorney
Hava Arin Levenson Mirell
U.S. ATTORNEY'S OFFICE
312 N. Spring St.
Suite 1200
Los Angeles, CA 90012
213-894-0717
Email: hava.mirell@usdoj.gov
TERMINATED: 03/08/2023
Designation: Assistant U.S. Attorney
Date Filed # Docket Text 09/13/2021 1 SEALED COMPLAINT as to ANTHONY SARGENT (1). (Attachments: # 1 Statement of Facts) (zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) 09/13/2021 3 MOTION to Seal Case by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) 09/13/2021 4 ORDER granting 3 Motion to Seal Case as to ANTHONY SARGENT (1). Signed by Magistrate Judge Robin M. Meriweather on 09/13/2021. (zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) 09/21/2021 5 Arrest Warrant Returned Executed on 9/21/2021 as to ANTHONY SARGENT. (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) 09/21/2021 Arrest of ANTHONY SARGENT in Florida. (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) 09/21/2021 Case unsealed as to ANTHONY SARGENT (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) 09/22/2021 8 Rule 5(c)(3) Documents Received as to ANTHONY SARGENT from United States District Court Middle District of Flordia (Jacksonville) Case Number 21-mj-1447 (zstd) [1:21-mj-00600-RMM] (Entered: 09/27/2021) 09/23/2021 MINUTE ORDER as to Defendant ANTHONY SARGENT : It is hereby ORDERED that Defendant ANTHONY SARGENT appear for an initial appearance on Friday, September 24, 2021 at 1:00 p.m. before Magistrate Judge Zia M. Faruqui. The hearing will be conducted by video teleconference; call-in instructions will be provided to counsel prior to the hearing. Counsel for the United States is directed to ensure that counsel for Defendant has received this Order and will provide the information to Defendant. If Defendant does not have counsel, counsel for the United States is directed to contact the Office of the Federal Public Defender for the District of Columbia and provide their office with the information contained in this Order. If the parties have questions about this Order or the scheduled hearing, please contact the Courtroom Deputy at 202-354-3173; So Ordered by Magistrate Judge Zia M. Faruqui on 9/23/2021. (kk) [1:21-mj-00600-RMM] (Entered: 09/23/2021) 09/24/2021 ORAL MOTION for Speedy Trial by USA as to ANTHONY SARGENT. (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) 09/24/2021 Minute Entry for proceedings held before Magistrate Judge Zia M. Faruqui: Initial Appearance as to ANTHONY SARGENT held on 9/24/2021. Defendant present by video. Due Process Order given to the Government. John Pierce retained as counsel. Defendant placed on Standard Conditions of Release with modifications. Oral Motion by the Government for Speedy Trial as to ANTHONY SARGENT (1); heard and granted. Speedy Trial excluded from 9/24/2021 to 11/29/2021 in the Interest of Justice (XT). Defendant waives his right to a Preliminary Hearing. Status Hearing set for 11/29/2021 at 1:00 PM by Telephonic/VTC before Magistrate Judge Robin M. Meriweather. Bond Status of Defendant: Defendant Remain on Personal Recognizance; Court Reporter: FTR-Gold; FTR Time Frame: Ctrm 4: [1:32:22-1:36:15]; Defense Attorney: John Pierce; US Attorney: Jacob Steiner for Hava Mirell; Pretrial Officer: Christine Schuck. (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) 09/24/2021 9 ORDER Setting Conditions of Release as to ANTHONY SARGENT (1) Personal Recognizance. Signed by Magistrate Judge Zia M. Faruqui on 9/24/2021. (Attachment: # 1 Appearance Bond) (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) 09/25/2021 7 NOTICE OF ATTORNEY APPEARANCE: John M. Pierce appearing for ANTHONY SARGENT (Pierce, John) [1:21-mj-00600-RMM] (Entered: 09/25/2021) 10/22/2021 10 INDICTMENT as to ANTHONY SARGENT (1) count(s) 1, 2, 3, 4, 5, 6, 7. (zstd) (Entered: 10/22/2021) 10/25/2021 12 STANDING ORDER as to ANTHONY SARGENT requiring the government to produce any evidence in its possession that is favorable to the defendant and material to either the defendant's guilt or punishment Signed by Judge Emmet G. Sullivan on 10/25/21. (mac) (Entered: 10/25/2021) 10/27/2021 MINUTE ORDER as to ANTHONY SARGENT. Pursuant to Mr. Sargent's indictment on October 22, 2021 and assignment of this case, it is ORDERED that the status conference scheduled for November 29, 2021 at 1:00 pm shall take place before this Court. Due to the ongoing public health emergency, the hearing shall take place via VIDEO TELECONFERENCE (VTC). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 10/27/2021. (lcegs1) (Entered: 10/27/2021) 10/28/2021 Set/Reset Hearings as to ANTHONY SARGENT :Status Conference set for 11/29/2021 at 1:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac) (Entered: 10/28/2021) 11/26/2021 MINUTE ORDER as to ANTHONY SARGENT. The hearing currently scheduled for November 29, 2021 at 1:00 pm is hereby RESCHEDULED to 4:00 pm on the same day. As before, due to the ongoing public health emergency, the hearing shall take place via VIDEO TELECONFERENCE (VTC). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 11/26/2021. (lcegs1) (Entered: 11/26/2021) 11/29/2021 13 Unopposed MOTION for Protective Order by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 11/29/2021) 11/29/2021 14 Unopposed MOTION for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 11/29/2021) 11/29/2021 15 NOTICE of Filing Discovery Memoranda by USA as to ANTHONY SARGENT (Attachments: # 1 Memorandum Regarding Status of Discovery as 7/12/2021, # 2 Exhibit A to Memorandum Regarding Status of Discovery as of 7/12/2021, # 3 Memorandum Regarding Status of Discovery as of 8/23/2021, # 4 Memorandum Regarding Status of Discovery as of 9/14/2021, # 5 Memorandum Regarding Status of Discovery as of 10/21/2021, # 6Memorandum Regarding Status of Discovery as of 11/5/2021)(Mirell, Hava) (Entered: 11/29/2021) 11/29/2021 Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Arraignment/Status Conference as to ANTHONY SARGENT held on 11/29/2021. Defendant Consents To This Hearing Being Held Via VTC. Plea Of Not Guilty Entered By ANTHONY SARGENT As To Counts 1,2,3,4,5,6,7. Parties Request Sixty(60) Day Continuance. Status Conference set for 2/2/2022 at 2:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 11/29/21 - 2/2/22 In The Interest Of Justice (XT). Defendant Does Not Object To Stand-In Attorney For The Next Scheduled Hearing. Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: LISA BANKINS; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) (Entered: 11/29/2021) 11/30/2021 MINUTE ORDER granting 13 Unopposed Motion for Protective Order as to ANTHONY SARGENT (1). The terms presented in [13-1] Protective Order Governing Discovery are hereby incorporated by reference into this Order. Signed by Judge Emmet G. Sullivan on 11/30/2021. (lcegs1) (Entered: 11/30/2021) 11/30/2021 MINUTE ORDER granting 14 Motion for Order to Disclose Items Protected by Rule 6(e) and Sealed Materials as to ANTHONY SARGENT (1). It is hereby ORDERED that the United States may provide in discovery materials protected by Federal Rule of Criminal Procedure 6(e). It is FURTHER ORDERED that the United States may provide in discovery sealed materials, pursuant to the previously entered protective order governing discovery. It is FURTHER ORDERED that this Order also applies to the disclosure of materials described above to any co-defendants who may later be joined. Signed by Judge Emmet G. Sullivan on 11/30/2021. (lcegs1) (Entered: 11/30/2021) 02/02/2022 Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 2/2/2022. Defendant Consents To This Hearing Being Held Via VTC. Government Updated The Court In Regards To Discovery. Parties Request Continuance. Status Conference set for 4/22/2022 at 2:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 2/2/22 - 4/22/22 In The Interest Of Justice (XT). Bond Status of Defendant: APPEARED VIA VTC -REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: LISA BANKINS; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) (Entered: 02/03/2022) 02/25/2022 16 NOTICE of Filing Discovery Memorandum by USA as to ANTHONY SARGENT (Attachments: # 1 Memorandum Regarding Status of Discovery as of February 9, 2022)(Mirell, Hava) (Entered: 02/25/2022) 04/20/2022 18 Joint MOTION to Continue Status Hearing by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 04/20/2022) 04/21/2022 MINUTE ORDER granting 18 Joint Motion to Continue Status Hearing as to ANTHONY SARGENT (1). The status conference scheduled for April 22, 2022 is hereby RESCHEDULED to June 23, 2022 at 1:00 pm. With the consent of the parties, the time from April 22, 2022 to June 23, 2022 shall be excluded from calculations under the Speedy Trial Act. Signed by Judge Emmet G. Sullivan on 4/21/2022. (lcegs1) (Entered: 04/21/2022) 04/22/2022 19 SUPERSEDING INDICTMENT as to ANTHONY SARGENT (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s. (zstd) (Entered: 04/22/2022) 06/15/2022 21 NOTICE OF ATTORNEY APPEARANCE: William Lee Shipley, Jr appearing for ANTHONY SARGENT (Shipley, William) (Entered: 06/15/2022) 06/23/2022 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 6/23/2022. Parties Updated The Court On The Current Posture Of This Matter. Status Conference set for 9/8/2022 at 1:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 6/23/22 - 9/8/22 In The Interest Of Justice (XT). Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: TAMMY NESTOR; Defense Attorney: WILLIAM SHIPLEY; US Attorney: HAVA MIRRELL; (mac) (Entered: 06/24/2022) 06/23/2022 Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Arraignment as to ANTHONY SARGENT (1) on Count 1s,2s,3s,4s,5s,6s,7s on 6/23/2022. Plea Of Not Guilty Entered By ANTHONY SARGENT Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: TAMMY NESTOR; Defense Attorney: WILLIAM SHIPLEY; US Attorney: HAVA MIRRELL; (mac) (Entered: 06/24/2022) 09/08/2022 Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 9/8/2022. Parties Updated The Court In Regards To Discovery. Status Conference set for 11/10/2022 at 12:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 9/8/22 - 11/10/22 In The Interest Of Justice (XT). Both Attorneys For The Defendant Are To Be Present For The Next Scheduled Hearing. Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: ELIZABETH SAINT-LOTH; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) Modified to reflect correct bond status on 10/19/2022 (zjch, ). (Entered: 09/09/2022) 10/18/2022 Case as to ANTHONY SARGENT randomly reassigned to Judge Dabney L. Friedrich. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 10/18/2022) 10/19/2022 NOTICE OF HEARING as to ANTHONY SARGENT Status Conference set for 11/10/2022 at 2:30 PM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 10/19/2022) 11/10/2022 Minute Entry for Status Conference as to ANTHONY SARGENT held on 11/10/2022 before Judge Dabney L. Friedrich. Speedy Trial Excludable (XT) started 11/10/2023 through 1/13/2023 in the interest of justice as to ANTHONY SARGENT. Jury Trial set for 11/6/2022 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Plea Agreement Hearing set for 1/13/2023 at 1:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr. and John M. Pierce; US Attorney: Hava Arin Levenson Mirell. (zjch, ) (Entered: 11/10/2022) 11/10/2022 NOTICE OF HEARING as to ANTHONY SARGENT. Jury Trial set for 11/6/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 11/10/2022) 11/10/2022 MINUTE ORDER. Consistent with the discussion during the November 10, 2022 status hearing, a plea agreement or status hearing is scheduled for January 13, 2023, at 1 p.m. For the reasons stated during today's status hearing--namely, the ongoing plea negotiations and the need for the defense to determine how best to defend this case, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from November 10, 2022 through January 13, 2023 shall be excluded in computing the date for a speedy trial in this case. A trial is also tentatively scheduled to begin on November 6, 2023 at 9 a.m. So Ordered by Judge Dabney L. Friedrich on November 10, 2022. (lcdlf3) (Entered: 11/10/2022) 11/15/2022 25 NOTICE OF WITHDRAWAL OF ATTORNEY by ANTHONY SARGENT (Pierce, John) (Entered: 11/15/2022) 01/05/2023 26 Joint MOTION to Continue Status Conference by ANTHONY SARGENT. (Shipley, William) (Entered: 01/05/2023) 01/11/2023 27 Amended MOTION to Continue Status Conference by ANTHONY SARGENT. (Shipley, William) (Entered: 01/11/2023) 01/12/2023 MINUTE ORDER. Upon consideration of the 26 Joint Motion to Continue Status Hearing and 27 Amended Stipulation to Continue January 13, 2023 Status Hearing, the motions are GRANTED IN PART. The status hearing scheduled for January 13, 2023 is converted to a plea hearing that will be held on March 24, 2023 at 2:00 p.m. In the event the defendant does not enter a plea on March 24, the defense shall file any pretrial motions on or before March 27, 2023; any oppositions shall be filed on or before April 10, 2023, and any replies shall be filed on or before April 17, 2023. The Court is not inclined to grant any further extensions and, if the defendant does not enter a plea at the hearing, will set a motions hearing date at the March 24 hearing. For the reasons stated in the motions--namely, the ongoing plea negotiations and the need for the defense to review additional discovery and determine how best to defend this case, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from January 12, 2023 through March 24, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on January 12, 2023. (lcdlf3) (Entered: 01/12/2023) 01/12/2023 Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Motions due by 3/27/2023. Responses due by 4/10/2023 Replies due by 4/17/2023. Plea Agreement Hearing set for 3/24/2023 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 01/13/2023) 03/08/2023 28 NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Haag, Andrew added. (Haag, Andrew) (Entered: 03/08/2023) 03/24/2023 NOTICE OF HEARING as to ANTHONY SARGENT. Status Conference set for 3/24/2023 at 12:00 PM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 03/24/2023) 03/24/2023 Minute Entry Status Conference as to ANTHONY SARGENT held on 3/24/2023 held before Judge Dabney L. Friedrich. Speedy Trial Excludable (XT) started 3/24/2023 through 7/10/2023 in the interest of justice as to ANTHONY SARGENT. Motions due by 4/10/2023. Responses due by 4/24/2023. Replies due by 5/1/2023. Jury Trial set for 7/10/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Motion Hearing set for 5/19/2023 at 1:30 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Pretrial Conference set for 7/5/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Back up Jury Trial date set for 8/28/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Andrew Haag. (zjch, ) (Entered: 03/24/2023) 03/24/2023 MINUTE ORDER. Consistent with the discussion during today's status hearing, trial is set for July 10, 2023 at 9:30 a.m., but, as discussed, the parties shall reserve August 28, 2023 as a back-up trial date in the event defense counsel has a trial conflict on July 10. A motions hearing is scheduled for May 19, 2023 at 1:30 p.m., and a pre-trial conference is set for July 5, 2023 at 10:00 a.m. It is ORDERED that the defendant shall file any pre-trial motions on or before April 10, 2023; the government shall file any oppositions on or before April 24, 2023; and the defendant shall file any replies on or before May 1, 2023. For the reasons stated at the status hearing--namely, the need for the defense to determine how best to defend this case, to file any pre-trial motions, and to prepare for trial, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from March 24, 2023 through July 10, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on March 24, 2023. (lcdlf3) (Entered: 03/24/2023) 04/04/2023 30 NOTICE OF ATTORNEY APPEARANCE Joshua Ontell appearing for USA. (Ontell, Joshua) (Entered: 04/04/2023) 04/19/2023 31 Joint MOTION to Continue Jury Trial, Joint MOTION for Speedy Trial Exclusion of Time by USA as to ANTHONY SARGENT. (Haag, Andrew) (Entered: 04/19/2023) 04/19/2023 MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the parties' 31 Joint Motion to Continue Jury Trial and to Exclude Time Under the Speedy Trial Act, the motion is GRANTED. Consistent with the motion, it is ORDERED that the May 19, 2023 motions hearing and July 10, 2023 jury trial are vacated. It is further ORDERED that the pre-trial conference set for July 5, 2023 at 10:00 a.m. is converted to a motions hearing. The parties shall file any pre-trial motions on or before May 29, 2023; any oppositions on or before June 12, 2023; and any replies on or before June 19, 2023. At the July 5, 2023 motions hearing, the Court will schedule pre-trial conferences. It is further ORDERED that trial is set for August 28, 2023 at 9:30 a.m.
For the reasons stated in the motion--namely, the need for defense counsel to be available for trial, to file any pre-trial motions, and to prepare for trial, see18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from April 19, 2023 through August 28, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on April 19, 2023. (lcdlf3) Modified on 4/28/2023 (zcdw). (Entered: 04/19/2023) 04/19/2023 Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Motions due by 5/29/2023. Responses due by 6/12/2023 Replies due by 6/19/2023. Jury Trial set for 8/28/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Motion Hearing set for 7/5/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 04/19/2023) 05/12/2023 32 MOTION in Limine re: USCP Camera Positions by USA as to ANTHONY SARGENT. (Attachments: # 1 Declaration and Exhibits)(Ontell, Joshua) (Entered: 05/12/2023) 05/12/2023 33 MOTION in Limine re: USSS Testimony by USA as to ANTHONY SARGENT. (Ontell, Joshua) (Entered: 05/12/2023) 06/06/2023 NOTICE OF HEARING as to ANTHONY SARGENT: A Change of Plea Hearing is set for 6/27/2023 1:00 PM in Courtroom 14 (In Person) before Judge Dabney L. Friedrich. (smc) (Entered: 06/06/2023) 06/06/2023 MINUTE ORDER as to ANTHONY SARGENT. A plea hearing is set for June 27, 2023 at 1:00 p.m. in Courtroom 14. The Court will vacate the pre-trial motions briefing schedule set in its Minute Order of April 19, 2023, but it will not vacate the trial date set for August 28, 2023. So Ordered by Judge Dabney L. Friedrich on June 6, 2023. (lcdlf3) (Entered: 06/06/2023) 06/06/2023 Terminate Deadlines and Hearings as to ANTHONY SARGENT : (zjch, ) (Entered: 06/06/2023) 06/23/2023 34 MOTION to Continue Hearing for Entry of Change of Plea by ANTHONY SARGENT. (Shipley, William) (Entered: 06/23/2023) 06/23/2023 MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the defendant's 34 Motion to Continue Hearing for Entry of Change of Plea, which the government does not oppose, the motion is GRANTED. The plea hearing scheduled for June 27, 2023 is CONTINUED to July 11, 2023 at 2:00 p.m. The motions hearing scheduled for July 5, 2023 is VACATED. So Ordered by Judge Dabney L. Friedrich on June 23, 2023. (lcdlf3) (Entered: 06/23/2023) 06/26/2023 Set/Reset Hearings as to ANTHONY SARGENT : Plea Agreement Hearing set for 7/11/2023 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 06/26/2023) 07/10/2023 NOTICE OF HEARING as to ANTHONY SARGENT. Plea Agreement Hearing set for 7/21/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 07/10/2023) 07/21/2023 Minute Entry for Plea Agreement Hearing as to ANTHONY SARGENT held on 7/21/2023 before Judge Trevor N. McFadden for Judge Dabney L. Friedrich. Guilty Plea entered by ANTHONY SARGENT as to Counts 1s,2s,3s,4s,5s,6s,7s. REFERRAL TO PROBATION OFFICE for Presentence Investigation as to ANTHONY SARGENT. Responses to Sentencing due by 9/25/2023. Sentencing Memorandum due by 9/21/2023. Sentencing set for 9/28/2023 at 1:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag. (zjch, ) (Entered: 07/21/2023) 07/21/2023 MINUTE ORDER as to ANTHONY SARGENT. A sentencing hearing is set for September 28, 2023 at 1:00 p.m. It is ORDERED that the parties shall file sentencing memoranda on or before September 21, 2023, and that the parties shall file any responses to sentencing memoranda on or before September 25, 2023.
It is further ORDERED that, on or before September 25, 2023, the government (and the defense, if it so chooses) shall provide the Court with video footage that shows the defendant's actions on January 6, 2021. The parties shall make their footage publicly available without restrictions by providing access using the "drop box" technical solution described in Standing Order 21-28, In re: Media Access to Video Exhibits in Pretrial Capitol Cases. The Court is not requesting to view all video footage of the defendant, simply a representative sample that captures the conduct that formed the basis of this criminal prosecution. So Ordered by Judge Dabney L. Friedrich on July 21, 2023. (lcdlf3) (Entered: 07/21/2023) 07/21/2023 37 PETITION TO ENTER A GUILTY PLEA as to ANTHONY SARGENT (Attachments: # 1 Factual Basis for Guilty Plea)(zjch, ) (Entered: 07/21/2023) 07/21/2023 38 WAIVER of Trial by Jury as to ANTHONY SARGENT. Approved by Judge Trevor N. McFadden fir Dabney L. Friedrich on 7/21/2023. (zjch, ) (Entered: 07/21/2023) 08/30/2023 40 Joint MOTION to Continue Sentencing by USA as to ANTHONY SARGENT. (Haag, Andrew) (Entered: 08/30/2023) 08/30/2023 MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the parties' 40 Joint Motion to Continue Sentencing, the motion is GRANTED. The sentencing hearing scheduled for September 28, 2023 is VACATED. A sentencing hearing is set for November 7, 2023 at 10:00 a.m. So Ordered by Judge Dabney L. Friedrich on August 30, 2023. (lcdlf3) (Entered: 08/30/2023) 08/30/2023 Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Responses to Sentencing due by 11/2/2023. Sentencing Memorandum due by 10/31/2023. Sentencing set for 11/7/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 08/31/2023) 10/31/2023 45 SENTENCING MEMORANDUM by USA as to ANTHONY SARGENT (Haag, Andrew) (Entered: 10/31/2023) 10/31/2023 46 ENTERED IN ERROR.....SUPPLEMENT by USA as to ANTHONY SARGENT re 45 Sentencing Memorandum Exhibit 8 of Sentencing Memorandum (Plea Hearing Transcript) (Ontell, Joshua) Modified on 11/1/2023 (zhsj). (Entered: 10/31/2023) 10/31/2023 NOTICE OF ERROR as to ANTHONY SARGENT regarding 46 Supplement to any document. The following error(s) need correction: Incorrect court header. Correspondence is not permitted (LCrR 49(f)(4). Please refile. (zhsj) (Entered: 11/01/2023) 11/01/2023 47 SENTENCING MEMORANDUM by ANTHONY SARGENT (Shipley, William) (Entered: 11/01/2023) 11/02/2023 48 NOTICE OF FILING OF EXHIBITS PURSUANT TO LOCAL CRIMINAL RULE 49 by USA as to ANTHONY SARGENT (Ontell, Joshua) (Entered: 11/02/2023) 11/03/2023 49 RESPONSE by USA as to ANTHONY SARGENT SENTENCING MEMORANDUM, ECF No. 47. (Ontell, Joshua) (Entered: 11/03/2023) 11/03/2023 50 RESPONSE by ANTHONY SARGENT re 45 Sentencing Memorandum (Shipley, William) (Entered: 11/03/2023) 11/06/2023 51 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL as to ANTHONY SARGENT. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit)(Shipley, William) (Entered: 11/06/2023) 11/06/2023 MINUTE ORDER. It is ORDERED that the defendants 51 Sealed Motion for Leave to File Under Seal is GRANTED. Accordingly, the defendants attached [51-1; 51-2] medical records are filed under seal. It is further ORDERED that the Clerk of the Court is directed to unseal the defendants 51 Sealed Motion. So Ordered by Judge Dabney L. Friedrich on November 6, 2023. (lcdlf3) (Entered: 11/06/2023) 11/07/2023 Minute Entry for Sentencing hearing heard before Judge Dabney L. Friedrich. Sentencing hearing hear and will be continued to 12/15/2023 @ 9 AM. Government Brief due by 11/17/2023. Defendant brief due by 12/1/2023. Sentencing set for 12/15/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag; Prob Officer: Robert Walters. (zjch, ) Modified to correct government deadline on 11/8/2023 (zjch, ). (Entered: 11/07/2023) 11/07/2023 MINUTE ORDER. As stated during today's sentencing hearing, the government and the defense shall brief in no more than 15 pages the following five issues: (1) whether the Court should apply a higher guidelines range under § 2A2.2 for the violation of 18 U.S.C. § 231(a)(3) that takes into account the defendants use of the rock-like object; (2) whether the defendant has "falsely den[ied]" or "frivolously contest[ed]" relevant conduct or otherwise failed to demonstrate acceptance of responsibility, see U.S. Sentencing Guidelines § 3E1.1; id. app. n. 1; (3) whether the Court should depart upwards from the applicable guidelines range; (4) the appropriate amount of any restitution order; and/or (5) the appropriate amount of any fine. The government shall file its brief on or before November 17, 2023, and the defendant shall file its response on or before December 1, 2023. So Ordered by Judge Dabney L. Friedrich on November 7, 2023. (lcdlf3) (Entered: 11/07/2023) 11/17/2023 56 SUPPLEMENT by USA as to ANTHONY SARGENT to Gov't Sentencing Memorandum Pursuant to 11/7/23 Minute Order (Attachments: # 1 Exhibit A (USA v. Thomas Filing))(Ontell, Joshua) (Entered: 11/17/2023) 11/17/2023 57 NOTICE OF FILING OF EXHIBITS PURSUANT TO LOCAL CRIMINAL RULE 49 by USA as to ANTHONY SARGENT (Ontell, Joshua) (Entered: 11/17/2023) 12/01/2023 58 SUPPLEMENT by ANTHONY SARGENT re 47 Sentencing Memorandum (Shipley, William) (Entered: 12/01/2023) 12/02/2023 59 ERRATA by ANTHONY SARGENT (Shipley, William) (Entered: 12/02/2023) 12/05/2023 60 NOTICE of Withdrawal of Argument by USA as to ANTHONY SARGENT re 56 Supplement to any document (Haag, Andrew) (Entered: 12/05/2023) 12/15/2023 Minute Entry for Sentencing held on 12/15/2023 as to ANTHONY SARGENT on Counts 1s-7s, before Judge Dabney L. Friedrich. Defendant sentenced to sixty (60) months of incarceration to run concurrently, thirty-six (36) months of supervised release to run concurrently, $2,980 in restitution and $220 special assessment. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag; Prob Officer: Kelli Willett. (zjch, ) (Entered: 12/15/2023)
Case title: USA v. SARGENT
| Date Filed: 10/22/2021 |
Assigned to: Judge Dabney L. Friedrich | ||
Defendant (1) | ||
ANTHONY SARGENT | represented by | William Lee Shipley , Jr. LAW OFFICES OF WILLIAM L. SHIPLEY PO Box 745 Kailua, HI 96734 808-228-1341 Email: 808Shipleylaw@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained John M. Pierce JOHN PIERCE LAW P.C. 21550 Oxnard Street Suite 3rd Floor OMB #172 Woodland Hills, CA 91367 213-400-0725 Email: jpierce@johnpiercelaw.com TERMINATED: 11/15/2022 Designation: Retained |
Pending Counts | Disposition | |
18:231(a)(3); CIVIL DISORDER; Civil Disorder (1s) | Defendant sentenced to sixty (60) months of incarceration, thirty-six (36) months of supervised release, $2,980 in restitution and $100 special assessment | |
18:1361 and 2; GOVERNMENT PROPERTY OR CONTRACTS (<=1000); Destruction of Government Property and Aiding and Abetting (2s) | Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment | |
18:1752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Entering and Remaining in a Restricted Building or Grounds (3s) | Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment | |
18:1752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Building or Grounds (4s) | Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment | |
18:1752(a)(4); TEMPORARY RESIDENCE OF THE PRESIDENT; Engaging in Physical Violence in a Restricted Building or Grounds (5s) | Defendant sentenced to fifteen (15) months of incarceration to run concurrently, twelve (12) months of supervised release to run concurrently, $2,980 in restitution and $25 special assessment | |
40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in a Capitol Building (6s) | Defendant sentenced to six (6) months of incarceration to run concurrently, $2,980 in restitution and $10 special assessment | |
40:5104(e)(2)(F); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Act of Physical Violence in the Capitol Grounds or Buildings (7s) | Defendant sentenced to six (6) months of incarceration to run concurrently, $2,980 in restitution and $10 special assessment | |
Highest Offense Level (Opening) | ||
Felony | ||
Terminated Counts | Disposition | |
18:231(a)(3); CIVIL DISORDER; Civil Disorder (1) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
18:1361 and 2; GOVERNMENT PROPERTY OR CONTRACTS <=; Destruction of Government Property and Aiding and Abetting (2) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
18:1752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Entering and Remaining in a Restricted Building or Grounds (3) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
18:1752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Building or Grounds (4) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
18:1752(a)(4); TEMPORARY RESIDENCE OF THE PRESIDENT; Engaging in Physical Violence in a Restricted Building or Grounds (5) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in a Capitol Building (6) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
40:5104(e)(2)(F); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Act of Physical Violence in the Capitol Grounds or Buildings (7) | DISMISSED AT THE REQUEST OF THE GOVERNMENT | |
Highest Offense Level (Terminated) | ||
Felony | ||
Complaints | Disposition | |
COMPLAINT in Violation of 18:1361, 2, 18:1752(a)(1), 18:1752(a)(2), 18:1752(a)(4), 40:5104(e)(2)(D) and 40:5104(e)(2)(F) |
Plaintiff | ||
USA | represented by | Andrew Haag USAO Criminal Division 601 D Street NW Washington, DC 20530 202-252-7755 Email: andrew.haag@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant U.S. Attorney Joshua Ontell USAO 601 D Street, NW Washington, DC 20530 (202) 252-7706 Email: joshua.ontell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant U.S. Attorney Hava Arin Levenson Mirell U.S. ATTORNEY'S OFFICE 312 N. Spring St. Suite 1200 Los Angeles, CA 90012 213-894-0717 Email: hava.mirell@usdoj.gov TERMINATED: 03/08/2023 Designation: Assistant U.S. Attorney |
Date Filed | # | Docket Text |
---|---|---|
09/13/2021 | 1 | SEALED COMPLAINT as to ANTHONY SARGENT (1). (Attachments: # 1 Statement of Facts) (zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) |
09/13/2021 | 3 | MOTION to Seal Case by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) |
09/13/2021 | 4 | ORDER granting 3 Motion to Seal Case as to ANTHONY SARGENT (1). Signed by Magistrate Judge Robin M. Meriweather on 09/13/2021. (zstd) [1:21-mj-00600-RMM] (Entered: 09/13/2021) |
09/21/2021 | 5 | Arrest Warrant Returned Executed on 9/21/2021 as to ANTHONY SARGENT. (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) |
09/21/2021 | Arrest of ANTHONY SARGENT in Florida. (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) | |
09/21/2021 | Case unsealed as to ANTHONY SARGENT (bb) [1:21-mj-00600-RMM] (Entered: 09/21/2021) | |
09/22/2021 | 8 | Rule 5(c)(3) Documents Received as to ANTHONY SARGENT from United States District Court Middle District of Flordia (Jacksonville) Case Number 21-mj-1447 (zstd) [1:21-mj-00600-RMM] (Entered: 09/27/2021) |
09/23/2021 | MINUTE ORDER as to Defendant ANTHONY SARGENT : It is hereby ORDERED that Defendant ANTHONY SARGENT appear for an initial appearance on Friday, September 24, 2021 at 1:00 p.m. before Magistrate Judge Zia M. Faruqui. The hearing will be conducted by video teleconference; call-in instructions will be provided to counsel prior to the hearing. Counsel for the United States is directed to ensure that counsel for Defendant has received this Order and will provide the information to Defendant. If Defendant does not have counsel, counsel for the United States is directed to contact the Office of the Federal Public Defender for the District of Columbia and provide their office with the information contained in this Order. If the parties have questions about this Order or the scheduled hearing, please contact the Courtroom Deputy at 202-354-3173; So Ordered by Magistrate Judge Zia M. Faruqui on 9/23/2021. (kk) [1:21-mj-00600-RMM] (Entered: 09/23/2021) | |
09/24/2021 | ORAL MOTION for Speedy Trial by USA as to ANTHONY SARGENT. (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) | |
09/24/2021 | Minute Entry for proceedings held before Magistrate Judge Zia M. Faruqui: Initial Appearance as to ANTHONY SARGENT held on 9/24/2021. Defendant present by video. Due Process Order given to the Government. John Pierce retained as counsel. Defendant placed on Standard Conditions of Release with modifications. Oral Motion by the Government for Speedy Trial as to ANTHONY SARGENT (1); heard and granted. Speedy Trial excluded from 9/24/2021 to 11/29/2021 in the Interest of Justice (XT). Defendant waives his right to a Preliminary Hearing. Status Hearing set for 11/29/2021 at 1:00 PM by Telephonic/VTC before Magistrate Judge Robin M. Meriweather. Bond Status of Defendant: Defendant Remain on Personal Recognizance; Court Reporter: FTR-Gold; FTR Time Frame: Ctrm 4: [1:32:22-1:36:15]; Defense Attorney: John Pierce; US Attorney: Jacob Steiner for Hava Mirell; Pretrial Officer: Christine Schuck. (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) | |
09/24/2021 | 9 | ORDER Setting Conditions of Release as to ANTHONY SARGENT (1) Personal Recognizance. Signed by Magistrate Judge Zia M. Faruqui on 9/24/2021. (Attachment: # 1 Appearance Bond) (ztl) [1:21-mj-00600-RMM] (Entered: 09/28/2021) |
09/25/2021 | 7 | NOTICE OF ATTORNEY APPEARANCE: John M. Pierce appearing for ANTHONY SARGENT (Pierce, John) [1:21-mj-00600-RMM] (Entered: 09/25/2021) |
10/22/2021 | 10 | INDICTMENT as to ANTHONY SARGENT (1) count(s) 1, 2, 3, 4, 5, 6, 7. (zstd) (Entered: 10/22/2021) |
10/25/2021 | 12 | STANDING ORDER as to ANTHONY SARGENT requiring the government to produce any evidence in its possession that is favorable to the defendant and material to either the defendant's guilt or punishment Signed by Judge Emmet G. Sullivan on 10/25/21. (mac) (Entered: 10/25/2021) |
10/27/2021 | MINUTE ORDER as to ANTHONY SARGENT. Pursuant to Mr. Sargent's indictment on October 22, 2021 and assignment of this case, it is ORDERED that the status conference scheduled for November 29, 2021 at 1:00 pm shall take place before this Court. Due to the ongoing public health emergency, the hearing shall take place via VIDEO TELECONFERENCE (VTC). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 10/27/2021. (lcegs1) (Entered: 10/27/2021) | |
10/28/2021 | Set/Reset Hearings as to ANTHONY SARGENT :Status Conference set for 11/29/2021 at 1:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac) (Entered: 10/28/2021) | |
11/26/2021 | MINUTE ORDER as to ANTHONY SARGENT. The hearing currently scheduled for November 29, 2021 at 1:00 pm is hereby RESCHEDULED to 4:00 pm on the same day. As before, due to the ongoing public health emergency, the hearing shall take place via VIDEO TELECONFERENCE (VTC). The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 11/26/2021. (lcegs1) (Entered: 11/26/2021) | |
11/29/2021 | 13 | Unopposed MOTION for Protective Order by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 11/29/2021) |
11/29/2021 | 14 | Unopposed MOTION for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 11/29/2021) |
11/29/2021 | 15 | NOTICE of Filing Discovery Memoranda by USA as to ANTHONY SARGENT (Attachments: # 1 Memorandum Regarding Status of Discovery as 7/12/2021, # 2 Exhibit A to Memorandum Regarding Status of Discovery as of 7/12/2021, # 3 Memorandum Regarding Status of Discovery as of 8/23/2021, # 4 Memorandum Regarding Status of Discovery as of 9/14/2021, # 5 Memorandum Regarding Status of Discovery as of 10/21/2021, # 6Memorandum Regarding Status of Discovery as of 11/5/2021)(Mirell, Hava) (Entered: 11/29/2021) |
11/29/2021 | Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Arraignment/Status Conference as to ANTHONY SARGENT held on 11/29/2021. Defendant Consents To This Hearing Being Held Via VTC. Plea Of Not Guilty Entered By ANTHONY SARGENT As To Counts 1,2,3,4,5,6,7. Parties Request Sixty(60) Day Continuance. Status Conference set for 2/2/2022 at 2:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 11/29/21 - 2/2/22 In The Interest Of Justice (XT). Defendant Does Not Object To Stand-In Attorney For The Next Scheduled Hearing. Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: LISA BANKINS; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) (Entered: 11/29/2021) | |
11/30/2021 | MINUTE ORDER granting 13 Unopposed Motion for Protective Order as to ANTHONY SARGENT (1). The terms presented in [13-1] Protective Order Governing Discovery are hereby incorporated by reference into this Order. Signed by Judge Emmet G. Sullivan on 11/30/2021. (lcegs1) (Entered: 11/30/2021) | |
11/30/2021 | MINUTE ORDER granting 14 Motion for Order to Disclose Items Protected by Rule 6(e) and Sealed Materials as to ANTHONY SARGENT (1). It is hereby ORDERED that the United States may provide in discovery materials protected by Federal Rule of Criminal Procedure 6(e). It is FURTHER ORDERED that the United States may provide in discovery sealed materials, pursuant to the previously entered protective order governing discovery. It is FURTHER ORDERED that this Order also applies to the disclosure of materials described above to any co-defendants who may later be joined. Signed by Judge Emmet G. Sullivan on 11/30/2021. (lcegs1) (Entered: 11/30/2021) | |
02/02/2022 | Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 2/2/2022. Defendant Consents To This Hearing Being Held Via VTC. Government Updated The Court In Regards To Discovery. Parties Request Continuance. Status Conference set for 4/22/2022 at 2:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 2/2/22 - 4/22/22 In The Interest Of Justice (XT). Bond Status of Defendant: APPEARED VIA VTC -REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: LISA BANKINS; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) (Entered: 02/03/2022) | |
02/25/2022 | 16 | NOTICE of Filing Discovery Memorandum by USA as to ANTHONY SARGENT (Attachments: # 1 Memorandum Regarding Status of Discovery as of February 9, 2022)(Mirell, Hava) (Entered: 02/25/2022) |
04/20/2022 | 18 | Joint MOTION to Continue Status Hearing by USA as to ANTHONY SARGENT. (Attachments: # 1 Text of Proposed Order)(Mirell, Hava) (Entered: 04/20/2022) |
04/21/2022 | MINUTE ORDER granting 18 Joint Motion to Continue Status Hearing as to ANTHONY SARGENT (1). The status conference scheduled for April 22, 2022 is hereby RESCHEDULED to June 23, 2022 at 1:00 pm. With the consent of the parties, the time from April 22, 2022 to June 23, 2022 shall be excluded from calculations under the Speedy Trial Act. Signed by Judge Emmet G. Sullivan on 4/21/2022. (lcegs1) (Entered: 04/21/2022) | |
04/22/2022 | 19 | SUPERSEDING INDICTMENT as to ANTHONY SARGENT (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s. (zstd) (Entered: 04/22/2022) |
06/15/2022 | 21 | NOTICE OF ATTORNEY APPEARANCE: William Lee Shipley, Jr appearing for ANTHONY SARGENT (Shipley, William) (Entered: 06/15/2022) |
06/23/2022 | Minute Entry for proceedings held before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 6/23/2022. Parties Updated The Court On The Current Posture Of This Matter. Status Conference set for 9/8/2022 at 1:00 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 6/23/22 - 9/8/22 In The Interest Of Justice (XT). Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: TAMMY NESTOR; Defense Attorney: WILLIAM SHIPLEY; US Attorney: HAVA MIRRELL; (mac) (Entered: 06/24/2022) | |
06/23/2022 | Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Arraignment as to ANTHONY SARGENT (1) on Count 1s,2s,3s,4s,5s,6s,7s on 6/23/2022. Plea Of Not Guilty Entered By ANTHONY SARGENT Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: TAMMY NESTOR; Defense Attorney: WILLIAM SHIPLEY; US Attorney: HAVA MIRRELL; (mac) (Entered: 06/24/2022) | |
09/08/2022 | Minute Entry for proceedings held Via VTC before Judge Emmet G. Sullivan:Status Conference as to ANTHONY SARGENT held on 9/8/2022. Parties Updated The Court In Regards To Discovery. Status Conference set for 11/10/2022 at 12:30 PM in Telephonic/VTC before Judge Emmet G. Sullivan. Speedy Trial Tolled 9/8/22 - 11/10/22 In The Interest Of Justice (XT). Both Attorneys For The Defendant Are To Be Present For The Next Scheduled Hearing. Bond Status of Defendant: APPEARED VIA VTC - REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: ELIZABETH SAINT-LOTH; Defense Attorney: JOHN PIERCE; US Attorney: HAVA MIRRELL; (mac) Modified to reflect correct bond status on 10/19/2022 (zjch, ). (Entered: 09/09/2022) | |
10/18/2022 | Case as to ANTHONY SARGENT randomly reassigned to Judge Dabney L. Friedrich. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 10/18/2022) | |
10/19/2022 | NOTICE OF HEARING as to ANTHONY SARGENT Status Conference set for 11/10/2022 at 2:30 PM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 10/19/2022) | |
11/10/2022 | Minute Entry for Status Conference as to ANTHONY SARGENT held on 11/10/2022 before Judge Dabney L. Friedrich. Speedy Trial Excludable (XT) started 11/10/2023 through 1/13/2023 in the interest of justice as to ANTHONY SARGENT. Jury Trial set for 11/6/2022 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Plea Agreement Hearing set for 1/13/2023 at 1:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr. and John M. Pierce; US Attorney: Hava Arin Levenson Mirell. (zjch, ) (Entered: 11/10/2022) | |
11/10/2022 | NOTICE OF HEARING as to ANTHONY SARGENT. Jury Trial set for 11/6/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 11/10/2022) | |
11/10/2022 | MINUTE ORDER. Consistent with the discussion during the November 10, 2022 status hearing, a plea agreement or status hearing is scheduled for January 13, 2023, at 1 p.m. For the reasons stated during today's status hearing--namely, the ongoing plea negotiations and the need for the defense to determine how best to defend this case, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from November 10, 2022 through January 13, 2023 shall be excluded in computing the date for a speedy trial in this case. A trial is also tentatively scheduled to begin on November 6, 2023 at 9 a.m. So Ordered by Judge Dabney L. Friedrich on November 10, 2022. (lcdlf3) (Entered: 11/10/2022) | |
11/15/2022 | 25 | NOTICE OF WITHDRAWAL OF ATTORNEY by ANTHONY SARGENT (Pierce, John) (Entered: 11/15/2022) |
01/05/2023 | 26 | Joint MOTION to Continue Status Conference by ANTHONY SARGENT. (Shipley, William) (Entered: 01/05/2023) |
01/11/2023 | 27 | Amended MOTION to Continue Status Conference by ANTHONY SARGENT. (Shipley, William) (Entered: 01/11/2023) |
01/12/2023 | MINUTE ORDER. Upon consideration of the 26 Joint Motion to Continue Status Hearing and 27 Amended Stipulation to Continue January 13, 2023 Status Hearing, the motions are GRANTED IN PART. The status hearing scheduled for January 13, 2023 is converted to a plea hearing that will be held on March 24, 2023 at 2:00 p.m. In the event the defendant does not enter a plea on March 24, the defense shall file any pretrial motions on or before March 27, 2023; any oppositions shall be filed on or before April 10, 2023, and any replies shall be filed on or before April 17, 2023. The Court is not inclined to grant any further extensions and, if the defendant does not enter a plea at the hearing, will set a motions hearing date at the March 24 hearing. For the reasons stated in the motions--namely, the ongoing plea negotiations and the need for the defense to review additional discovery and determine how best to defend this case, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from January 12, 2023 through March 24, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on January 12, 2023. (lcdlf3) (Entered: 01/12/2023) | |
01/12/2023 | Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Motions due by 3/27/2023. Responses due by 4/10/2023 Replies due by 4/17/2023. Plea Agreement Hearing set for 3/24/2023 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 01/13/2023) | |
03/08/2023 | 28 | NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Haag, Andrew added. (Haag, Andrew) (Entered: 03/08/2023) |
03/24/2023 | NOTICE OF HEARING as to ANTHONY SARGENT. Status Conference set for 3/24/2023 at 12:00 PM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 03/24/2023) | |
03/24/2023 | Minute Entry Status Conference as to ANTHONY SARGENT held on 3/24/2023 held before Judge Dabney L. Friedrich. Speedy Trial Excludable (XT) started 3/24/2023 through 7/10/2023 in the interest of justice as to ANTHONY SARGENT. Motions due by 4/10/2023. Responses due by 4/24/2023. Replies due by 5/1/2023. Jury Trial set for 7/10/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Motion Hearing set for 5/19/2023 at 1:30 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Pretrial Conference set for 7/5/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Back up Jury Trial date set for 8/28/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Andrew Haag. (zjch, ) (Entered: 03/24/2023) | |
03/24/2023 | MINUTE ORDER. Consistent with the discussion during today's status hearing, trial is set for July 10, 2023 at 9:30 a.m., but, as discussed, the parties shall reserve August 28, 2023 as a back-up trial date in the event defense counsel has a trial conflict on July 10. A motions hearing is scheduled for May 19, 2023 at 1:30 p.m., and a pre-trial conference is set for July 5, 2023 at 10:00 a.m. It is ORDERED that the defendant shall file any pre-trial motions on or before April 10, 2023; the government shall file any oppositions on or before April 24, 2023; and the defendant shall file any replies on or before May 1, 2023. For the reasons stated at the status hearing--namely, the need for the defense to determine how best to defend this case, to file any pre-trial motions, and to prepare for trial, see 18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from March 24, 2023 through July 10, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on March 24, 2023. (lcdlf3) (Entered: 03/24/2023) | |
04/04/2023 | 30 | NOTICE OF ATTORNEY APPEARANCE Joshua Ontell appearing for USA. (Ontell, Joshua) (Entered: 04/04/2023) |
04/19/2023 | 31 | Joint MOTION to Continue Jury Trial, Joint MOTION for Speedy Trial Exclusion of Time by USA as to ANTHONY SARGENT. (Haag, Andrew) (Entered: 04/19/2023) |
04/19/2023 | MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the parties' 31 Joint Motion to Continue Jury Trial and to Exclude Time Under the Speedy Trial Act, the motion is GRANTED. Consistent with the motion, it is ORDERED that the May 19, 2023 motions hearing and July 10, 2023 jury trial are vacated. It is further ORDERED that the pre-trial conference set for July 5, 2023 at 10:00 a.m. is converted to a motions hearing. The parties shall file any pre-trial motions on or before May 29, 2023; any oppositions on or before June 12, 2023; and any replies on or before June 19, 2023. At the July 5, 2023 motions hearing, the Court will schedule pre-trial conferences. It is further ORDERED that trial is set for August 28, 2023 at 9:30 a.m. For the reasons stated in the motion--namely, the need for defense counsel to be available for trial, to file any pre-trial motions, and to prepare for trial, see18 U.S.C. § 3161(h)(7)(B)(iv)--the Court finds that the "ends of justice outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Accordingly, pursuant to the Speedy Trial Act and with the consent of the defendant, the time from April 19, 2023 through August 28, 2023 shall be excluded in computing the date for a speedy trial in this case. So Ordered by Judge Dabney L. Friedrich on April 19, 2023. (lcdlf3) Modified on 4/28/2023 (zcdw). (Entered: 04/19/2023) | |
04/19/2023 | Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Motions due by 5/29/2023. Responses due by 6/12/2023 Replies due by 6/19/2023. Jury Trial set for 8/28/2023 at 9:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Motion Hearing set for 7/5/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 04/19/2023) | |
05/12/2023 | 32 | MOTION in Limine re: USCP Camera Positions by USA as to ANTHONY SARGENT. (Attachments: # 1 Declaration and Exhibits)(Ontell, Joshua) (Entered: 05/12/2023) |
05/12/2023 | 33 | MOTION in Limine re: USSS Testimony by USA as to ANTHONY SARGENT. (Ontell, Joshua) (Entered: 05/12/2023) |
06/06/2023 | NOTICE OF HEARING as to ANTHONY SARGENT: A Change of Plea Hearing is set for 6/27/2023 1:00 PM in Courtroom 14 (In Person) before Judge Dabney L. Friedrich. (smc) (Entered: 06/06/2023) | |
06/06/2023 | MINUTE ORDER as to ANTHONY SARGENT. A plea hearing is set for June 27, 2023 at 1:00 p.m. in Courtroom 14. The Court will vacate the pre-trial motions briefing schedule set in its Minute Order of April 19, 2023, but it will not vacate the trial date set for August 28, 2023. So Ordered by Judge Dabney L. Friedrich on June 6, 2023. (lcdlf3) (Entered: 06/06/2023) | |
06/06/2023 | Terminate Deadlines and Hearings as to ANTHONY SARGENT : (zjch, ) (Entered: 06/06/2023) | |
06/23/2023 | 34 | MOTION to Continue Hearing for Entry of Change of Plea by ANTHONY SARGENT. (Shipley, William) (Entered: 06/23/2023) |
06/23/2023 | MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the defendant's 34 Motion to Continue Hearing for Entry of Change of Plea, which the government does not oppose, the motion is GRANTED. The plea hearing scheduled for June 27, 2023 is CONTINUED to July 11, 2023 at 2:00 p.m. The motions hearing scheduled for July 5, 2023 is VACATED. So Ordered by Judge Dabney L. Friedrich on June 23, 2023. (lcdlf3) (Entered: 06/23/2023) | |
06/26/2023 | Set/Reset Hearings as to ANTHONY SARGENT : Plea Agreement Hearing set for 7/11/2023 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 06/26/2023) | |
07/10/2023 | NOTICE OF HEARING as to ANTHONY SARGENT. Plea Agreement Hearing set for 7/21/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 07/10/2023) | |
07/21/2023 | Minute Entry for Plea Agreement Hearing as to ANTHONY SARGENT held on 7/21/2023 before Judge Trevor N. McFadden for Judge Dabney L. Friedrich. Guilty Plea entered by ANTHONY SARGENT as to Counts 1s,2s,3s,4s,5s,6s,7s. REFERRAL TO PROBATION OFFICE for Presentence Investigation as to ANTHONY SARGENT. Responses to Sentencing due by 9/25/2023. Sentencing Memorandum due by 9/21/2023. Sentencing set for 9/28/2023 at 1:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag. (zjch, ) (Entered: 07/21/2023) | |
07/21/2023 | MINUTE ORDER as to ANTHONY SARGENT. A sentencing hearing is set for September 28, 2023 at 1:00 p.m. It is ORDERED that the parties shall file sentencing memoranda on or before September 21, 2023, and that the parties shall file any responses to sentencing memoranda on or before September 25, 2023. It is further ORDERED that, on or before September 25, 2023, the government (and the defense, if it so chooses) shall provide the Court with video footage that shows the defendant's actions on January 6, 2021. The parties shall make their footage publicly available without restrictions by providing access using the "drop box" technical solution described in Standing Order 21-28, In re: Media Access to Video Exhibits in Pretrial Capitol Cases. The Court is not requesting to view all video footage of the defendant, simply a representative sample that captures the conduct that formed the basis of this criminal prosecution. So Ordered by Judge Dabney L. Friedrich on July 21, 2023. (lcdlf3) (Entered: 07/21/2023) | |
07/21/2023 | 37 | PETITION TO ENTER A GUILTY PLEA as to ANTHONY SARGENT (Attachments: # 1 Factual Basis for Guilty Plea)(zjch, ) (Entered: 07/21/2023) |
07/21/2023 | 38 | WAIVER of Trial by Jury as to ANTHONY SARGENT. Approved by Judge Trevor N. McFadden fir Dabney L. Friedrich on 7/21/2023. (zjch, ) (Entered: 07/21/2023) |
08/30/2023 | 40 | Joint MOTION to Continue Sentencing by USA as to ANTHONY SARGENT. (Haag, Andrew) (Entered: 08/30/2023) |
08/30/2023 | MINUTE ORDER as to ANTHONY SARGENT. Upon consideration of the parties' 40 Joint Motion to Continue Sentencing, the motion is GRANTED. The sentencing hearing scheduled for September 28, 2023 is VACATED. A sentencing hearing is set for November 7, 2023 at 10:00 a.m. So Ordered by Judge Dabney L. Friedrich on August 30, 2023. (lcdlf3) (Entered: 08/30/2023) | |
08/30/2023 | Set/Reset Deadlines/Hearings as to ANTHONY SARGENT : Responses to Sentencing due by 11/2/2023. Sentencing Memorandum due by 10/31/2023. Sentencing set for 11/7/2023 at 10:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 08/31/2023) | |
10/31/2023 | 45 | SENTENCING MEMORANDUM by USA as to ANTHONY SARGENT (Haag, Andrew) (Entered: 10/31/2023) |
10/31/2023 | 46 | ENTERED IN ERROR.....SUPPLEMENT by USA as to ANTHONY SARGENT re 45 Sentencing Memorandum Exhibit 8 of Sentencing Memorandum (Plea Hearing Transcript) (Ontell, Joshua) Modified on 11/1/2023 (zhsj). (Entered: 10/31/2023) |
10/31/2023 | NOTICE OF ERROR as to ANTHONY SARGENT regarding 46 Supplement to any document. The following error(s) need correction: Incorrect court header. Correspondence is not permitted (LCrR 49(f)(4). Please refile. (zhsj) (Entered: 11/01/2023) | |
11/01/2023 | 47 | SENTENCING MEMORANDUM by ANTHONY SARGENT (Shipley, William) (Entered: 11/01/2023) |
11/02/2023 | 48 | NOTICE OF FILING OF EXHIBITS PURSUANT TO LOCAL CRIMINAL RULE 49 by USA as to ANTHONY SARGENT (Ontell, Joshua) (Entered: 11/02/2023) |
11/03/2023 | 49 | RESPONSE by USA as to ANTHONY SARGENT SENTENCING MEMORANDUM, ECF No. 47. (Ontell, Joshua) (Entered: 11/03/2023) |
11/03/2023 | 50 | RESPONSE by ANTHONY SARGENT re 45 Sentencing Memorandum (Shipley, William) (Entered: 11/03/2023) |
11/06/2023 | 51 | SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL as to ANTHONY SARGENT. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit)(Shipley, William) (Entered: 11/06/2023) |
11/06/2023 | MINUTE ORDER. It is ORDERED that the defendants 51 Sealed Motion for Leave to File Under Seal is GRANTED. Accordingly, the defendants attached [51-1; 51-2] medical records are filed under seal. It is further ORDERED that the Clerk of the Court is directed to unseal the defendants 51 Sealed Motion. So Ordered by Judge Dabney L. Friedrich on November 6, 2023. (lcdlf3) (Entered: 11/06/2023) | |
11/07/2023 | Minute Entry for Sentencing hearing heard before Judge Dabney L. Friedrich. Sentencing hearing hear and will be continued to 12/15/2023 @ 9 AM. Government Brief due by 11/17/2023. Defendant brief due by 12/1/2023. Sentencing set for 12/15/2023 at 9:00 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag; Prob Officer: Robert Walters. (zjch, ) Modified to correct government deadline on 11/8/2023 (zjch, ). (Entered: 11/07/2023) | |
11/07/2023 | MINUTE ORDER. As stated during today's sentencing hearing, the government and the defense shall brief in no more than 15 pages the following five issues: (1) whether the Court should apply a higher guidelines range under § 2A2.2 for the violation of 18 U.S.C. § 231(a)(3) that takes into account the defendants use of the rock-like object; (2) whether the defendant has "falsely den[ied]" or "frivolously contest[ed]" relevant conduct or otherwise failed to demonstrate acceptance of responsibility, see U.S. Sentencing Guidelines § 3E1.1; id. app. n. 1; (3) whether the Court should depart upwards from the applicable guidelines range; (4) the appropriate amount of any restitution order; and/or (5) the appropriate amount of any fine. The government shall file its brief on or before November 17, 2023, and the defendant shall file its response on or before December 1, 2023. So Ordered by Judge Dabney L. Friedrich on November 7, 2023. (lcdlf3) (Entered: 11/07/2023) | |
11/17/2023 | 56 | SUPPLEMENT by USA as to ANTHONY SARGENT to Gov't Sentencing Memorandum Pursuant to 11/7/23 Minute Order (Attachments: # 1 Exhibit A (USA v. Thomas Filing))(Ontell, Joshua) (Entered: 11/17/2023) |
11/17/2023 | 57 | NOTICE OF FILING OF EXHIBITS PURSUANT TO LOCAL CRIMINAL RULE 49 by USA as to ANTHONY SARGENT (Ontell, Joshua) (Entered: 11/17/2023) |
12/01/2023 | 58 | SUPPLEMENT by ANTHONY SARGENT re 47 Sentencing Memorandum (Shipley, William) (Entered: 12/01/2023) |
12/02/2023 | 59 | ERRATA by ANTHONY SARGENT (Shipley, William) (Entered: 12/02/2023) |
12/05/2023 | 60 | NOTICE of Withdrawal of Argument by USA as to ANTHONY SARGENT re 56 Supplement to any document (Haag, Andrew) (Entered: 12/05/2023) |
12/15/2023 | Minute Entry for Sentencing held on 12/15/2023 as to ANTHONY SARGENT on Counts 1s-7s, before Judge Dabney L. Friedrich. Defendant sentenced to sixty (60) months of incarceration to run concurrently, thirty-six (36) months of supervised release to run concurrently, $2,980 in restitution and $220 special assessment. Bond Status of Defendant: Personal Recognizance; Court Reporter: Sara Wick; Defense Attorney: William Lee Shipley, Jr.; US Attorney: Joshua Ontell and Andrew Haag; Prob Officer: Kelli Willett. (zjch, ) (Entered: 12/15/2023) |
Bill McClure was pushing election conspiracy theories in advance of the election...so many relatively well off Republicans were pushing these conspiracy theories and the lower classes took the fall. Wasn't just Trump's big lie. These kinds of conspiracy theories were circulating before the election so they were gonna claim stolen election no matter what if it looked like Biden would win. There was no merit to that as litigation to overturn the election was deemed frivolous. These people committed sedition and so many were not held accountable that it's pitiful. People complaining about "J6 political prisoners" and how unfair it all is are warped. There's a justice GAP in what occured in that not enough people were investigated and brought to justice.
ReplyDeleteBill McClure was pushing election conspiracy theories in advance of the election...so many relatively well off Republicans were pushing these conspiracy theories and the lower classes took the fall. Wasn't just Trump's big lie. These kinds of conspiracy theories were circulating before the election so they were gonna claim stolen election no matter what if it looked like Biden would win. There was no merit to that as litigation to overturn the election was deemed frivolous. These people committed sedition and so many were not held accountable that it's pitiful. People complaining about "J6 political prisoners" and how unfair it all is are warped. There's a justice GAP in what occured in that not enough people were investigated and brought to justice.
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