Jan. 6 rioter who admitted to spraying Officer Brian Sicknick sentenced to more than 6 years in prison - CBS News

1 year ago 47

Washington – The New Jersey antheral who admitted to spraying U.S. Capitol Police serviceman Brian Sicknick with pepper spray during the Jan. 6, 2021, Capitol attack was sentenced to 80 months successful situation connected Friday successful a Washington, D.C. courtroom packed with Sicknick's colleagues and chap officers. 

"I don't cognize what got into you," said national Judge Thomas Hogan, arsenic helium imposed the yearslong situation condemnation connected Julian Khater, "somehow you got determined to propulsion your mode done the crowd."

Hogan besides fined Khater $10,000. 

Sicknick died of earthy causes a time aft defending the Capitol during the Jan. 6 assault, the D.C. aesculapian examiner's bureau announced past year. He suffered strokes, with a aesculapian examiner's study summary citing "acute brainstem and cerebellar infarcts owed to acute basilar artery thrombosis."

Friday's sentencing proceeding drew busloads of different U.S. Capitol Police officers who wanted to grant their fallen colleague.

According to tribunal documents and Julian Khater's plea agreement, helium and codefendant George Tanios — who pleaded blameworthy to lesser charges — traveled to Washington, D.C. from West Virginia to be erstwhile President Donald Trump's rally astatine the White House Ellipse. 

The brace moved from the rally grounds toward the Capitol, though investigators accidental they uncovered nary grounds that the men planned connected rioting that day. 

"Surveillance video shows Khater reaching wrong Tanios' backpack and retrieving 1 of the canisters of chemic spray they had brought to Washington," the authorities pre-sentencing memo alleged, describing Khater arsenic angry, emotional, and retired of control. 

After making his mode to the beforehand of the mob connected the Capitol's little westbound side, prosecutors accidental Khater aimed the capsicum spray astatine a enactment of officers.

khater-jan-6-sentencing.png Department of Justice

"Khater's attack, successful conjunction with attacks from hundreds of different rioters, resulted successful the illness of the constabulary line," the authorities wrote, "Khater's archetypal unfortunate was United States Capitol Police Officer Brian Sicknick."  

Bodycam and surveillance video reviewed by CBS News and pictures included successful tribunal documents amusement Sicknick reacting to an irritant, recoiling, and clearing the country to hitch his eyes and cleanable his face. Other officers were besides deed with Khater's capsicum spray and attempted to shield themselves from its effects, the videos show.

Neither Khater nor Tanios person been charged successful Sicknick's death. 

jan-6-sicknick-sentencing.png Officer Brian Sicknick connected Jan. 6, 2021. Department of Justice

Urging the justice to condemnation Khater to 90 months successful prison, prosecutors wrote, "While Julian Khater's spray battle connected Officer Sicknick yet was not determined to beryllium the nonstop origin of his death, Office Sicknick's tragic demise, truthful adjacent successful clip to the traumatic events of that day, underscores the seriousness of the discourtesy committed by Khater and his chap rioters." 

He "committed a cowardly and premeditated battle connected astatine slightest 3 uniformed instrumentality enforcement officers," the authorities said during Friday's proceedings, showing the tribunal video of Khater's assorted actions during the attack. 

And though Khater did not himself participate the Capitol that day, the authorities told Hogan that helium was a captious portion of the mob that broke down the barriers and "allowed" the breach of the Capitol. 

Khater — who has been incarcerated since his apprehension successful March 2021 — asked for leniency, his attorneys penning earlier sentencing that helium "feels genuine remorse for his conduct." 

Describing their lawsuit arsenic a gentle and benignant idiosyncratic who was swept up successful the mob mentality of the day, Khater's defence squad argued helium and Tanios traveled to the nation's superior for the sole intent of attending the Trump rally. Tanios, they said, lone brought the capsicum spray utilized successful the onslaught to support them against imaginable unit that day, not attack. 

Khater's regrettable actions, they wrote, "were so isolated and not portion of immoderate coordinated effort." 

His defence squad asked Hogan for a condemnation of clip served, citing successful ineligible briefs what they described arsenic suboptimal and dehumanizing conditions successful custody which see mediocre nutrient and slumber deprivation. 

In tribunal connected Friday, Khater's defence lawyer said, "the behaviour successful this lawsuit does not specify him," and cited his client's past of crippling anxiousness and depression.

"Despite immoderate of the hyperbole and rhetoric," the defence argued Friday, "Mr. Khater did not straight oregon indirectly" pb to Sicknick's death.

Khater himself besides concisely spoke connected Friday, describing the past 2 years arsenic humbling, yet "agonizing." 

"I tin guarantee you," helium said to the judge, "what transpired that time was not successful my quality … volition ne'er hap again." 

Hogan noted helium did not perceive immoderate sorrow oregon regret from Khater astir what helium did to the officers that day. Khater responded that helium avoided doing truthful due to the fact that of an ongoing civilian lawsuit connected the matter. 

For his part, Tanios already pleaded blameworthy to lesser courts connected amerciable introduction and disorderly behaviour and was sentenced to clip served with 1 twelvemonth of supervised release. He admitted to encouraging rioters, videotaping assaults connected instrumentality enforcement and buying the cans of spray chemicals utilized that day. 

Ahead of sentencing, Sicknick's parent and siblings submitted letters to the court, describing feelings of choler toward Khater. They besides spoke emotionally successful tribunal connected Friday astir their loss. 

"You attacked my lad similar helium was an animal; you are the animal, Mr. Khater," Sicknick's mother, Gladys, wrote, "You should person known better... successful this large country, we spell to the voting booth to marque a difference. We don't commencement an equipped rebellion, nary substance the President encouraged you to 'fight similar Hell'."

Dressed successful her deceased son's shirt, Gladys Sicknick addressed Khater during Friday's proceedings. "You attacked my lad similar helium was an animal. You are the animal, Mr. Khater," she said, emotionally. "How does it consciousness to beryllium headed to jailhouse due to the fact that of a bald-faced lie?"

Sicknick's longtime partner, Santa Garza, said Khater and Tanios were "brainwashed" by Trump. 

Judge Hogan was cautious to constituent retired that helium was not sentencing Khater for Sicknick's death, emphasizing that specified a complaint was not successful beforehand of him connected Friday.  Still, the justice said helium recovered nary excuse for the actions that day. 

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