NYPD veteran convicted of assaulting officer in Capitol riot

WASHINGTON (AP) — A federal jury on Monday convicted a New York Police Division veteran of assaulting an officer throughout the U.S. Capitol riot, rejecting his declare that he was defending himself when he tackled the officer and grabbed his gasoline mask.

Thomas Webster, a 20-year NYPD veteran, was the primary Capitol riot defendant to be tried on an assault cost and the first to present a jury with a self-defense argument.

Jurors deliberated for lower than three hours earlier than they convicted Webster of all six counts in his indictment, including a charge that he assaulted Metropolitan Police Division officer Noah Rathbun with a harmful weapon, a metallic flagpole. The assault cost alone is punishable by up to 20 years in jail, though sentencing tips possible will suggest a significantly shorter jail term.

Webster, 56, testified that he was making an attempt to protect himself from a “rogue cop” who punched him in the face. He additionally accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or decide a fight with Webster as a violent mob attacked the Capitol on Jan. 6, 2021, disrupting Congress from certifying Joe Biden’s 2020 presidential election victory over then-President Donald Trump.

Two jurors who spoke to reporters after the decision said movies capturing the officer’s assault from a number of angles had been crucial proof rebutting Webster’s self-defense argument.

“I suppose we had been all surprised that he would even make that defense argument,” mentioned a juror who spoke on situation of anonymity. “There was no dissention among us in any respect. We unanimously agreed that there was no self-defense argument here at all.”

One other juror, who also spoke on condition of anonymity, mentioned Webster’s self-defense claim “just didn’t stack up.”

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

Webster’s jury trial was the fourth for a Capitol riot case. The first three defendants to get a jury trial additionally have been convicted of all charges of their respective indictments. A judge determined two different instances with out a jury, acquitting one of many defendants and partially acquitting the opposite.

Webster, who wore a mask in court, showed no obvious reaction to the verdict.

“We’re disillusioned,” protection lawyer James Monroe stated after the decision, “but we recognized from the beginning that people right here (in Washington, D.C.) have been quite traumatized by what transpired on Jan. 6. And I believe we saw a few of this expressed right now.”

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

Webster drove alone to Washington from his residence near Goshen, New York, on the eve of the Jan. 6 “Cease the Steal” rally. He was carrying a bulletproof vest and carrying a U.S. Marine Corps flag on a metallic pole when he approached the Capitol, after listening to Trump tackle 1000's of supporters.

Webster stated he went to the Capitol to “petition” lawmakers to “relook” on the results of the 2020 presidential election. However he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral Faculty vote.

Rathbun’s body digicam captured Webster shouting profanities and insults before they made any physical contact. Webster said he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of motorcycle racks.

The physique camera video exhibits that Webster slammed one of many bike racks at Rathbun before the officer reached out with an open left hand and struck the appropriate facet of Webster’s face. Webster said it felt as though he had been hit by a freight prepare.

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

Rathbun stated he was attempting to maneuver Webster back from a security perimeter that he and different officers have been struggling to maintain.

After Rathbun struck his face, Webster swung a steel flag pole at the officer in a downward chopping movement, striking a motorcycle rack. Rathbun grabbed the damaged pole from Webster, who charged at the officer, tackled him to the ground and grabbed his gasoline mask.

Rathbun testified that he started choking as the chin strap on his gasoline masks pressed towards his throat. Webster stated he grabbed Rathbun by the fuel masks because he needed the officer to see his fingers.

Rathbun reported a hand harm from a separate encounter with a rioter inside the Capitol. He didn’t report any accidents attributable to Webster, however jurors saw images of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster faced counts of assaulting, resisting or impeding an officer using a dangerous weapon; civil disorder; entering and remaining in restricted grounds with a dangerous weapon; disorderly and disruptive conduct in restricted grounds with a harmful weapon; partaking in bodily violence in restricted grounds with a dangerous weapon; and engaging in an act of physical violence on Capitol grounds.

Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg’s personal safety element. He served within the U.S. Marine Corps from 1985 to 1989 before becoming a member of the NYPD in 1991.

More than 780 folks have been charged with riot-related federal crimes. The Justice Department says greater than 245 of them have been charged with assaulting or impeding legislation enforcement. More than 100 officers had been injured.

Two different defendants testified at their trials. Dustin Byron Thompson, an Ohio man who was convicted by a jury of obstructing Congress from certifying Biden’s presidential victory, mentioned he was following orders from Trump. A choose hearing testimony and not using a jury acquitted Matthew Martin, a New Mexico man who stated outnumbered law enforcement officials allowed him and others to enter the Capitol by means of the Rotunda doors.

Two riot defendants didn’t testify at their trials before jurors convicted them of all fees, including interfering with officers. One of them, Thomas Robertson, was an off-duty police officer from Rocky Mount, Virginia. The opposite, Texas resident Guy Wesley Reffitt, also was convicted of storming the Capitol with a holstered handgun.

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