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January 6th defendant Tyler Bensch learned his fate after pleaded guilty to two misdemeanor counts related to the incursion at the Capitol.
U.S. District Judge Trevor McFadden sentenced Bensch to two years probation and 60 days of home incarceration. This is widely viewed as a beneficial outcome for Bensch as he faced possible prison time.
Prosecutors reportedly wanted Bensch to receive a nine-month federal prison term.
Judge McFadden, who was appointed during the Trump administration, rightfully considered mitigating factors and exercised judicial discretion when handed down the penalty. When considering Bensch’s limited role and age of 19, McFadden disagreed with prosecutors and gave a lighter sentence.
“This doesn’t need to define you or your life,” McFadden told Bensch at the sentencing.
Bensch was arrested along with other members of the Three Percent movement and “Guardians of Freedom.” The group is accused of disorderly and disruptive conduct on restricted grounds on January 6, 2021.
Prosecutors claimed Bensch committed theft of government property and aided in the removal of a stolen police shield from the Capitol grounds. Bensch was also accused of using bear spray against another protester.
Bensch remained silent during the sentencing. His court-appointed attorney, Peter Cooper, said Bensch is remorseful and lacked understanding about the seriousness of his actions.
Several other January 6 defendants have received far worse sentences. Some defendants have waited months or years in prison while waiting for their day in court.
Barry Ramey, for example, was accused of assaulting officers with pepper spray and received a five-year federal prison. Prosecutors initially wanted a nine-year prison sentence.
Again, U.S. District Judge Dabney Friedrich considered mitigating factors and exercised judicial discretion to reduce Ramey’s sentence.
Over 1,000 individuals were charged in connection with the events of January 6th.
Bensch is employed by a pool cleaning company and his sentence allows him to leave home for work.
