Ray Epps, the man caught multiple times telling January 6th protesters to escalate their demonstration and go "Into the Capitol" on January 6th, 2021, will spend no time in prison for his role that day.
According to Epps' sentencing memorandum, Epps should have served 6 months in jail.
"Although Epps engaged in felonious conduct during the riot on January 6, his case includes a variety of distinctive and compelling mitigating factors, which led the government to exercise its prosecutorial discretion and offer Epps a pre-indictment misdemeanor plea resolution," wrote DOJ senior trial counsel Michael Gordon in the sentencing memo.
Epps' attorney, Edward Ungvarsky, argued that Epps should serve no jail time, and that "Right-wing political dramaturges" resulted in Epps being "Attacked, defamed, and vilified." According to the sentencing memorandum, Gordon asserted that Epps "Has been the target of a false and widespread conspiracy theory that he was an undercover government agent on January 6." Other mitigating factors included Epps calling the FBI on Jan. 8, 2021 to explain his actions two days prior.
Sentencing in the case had been scheduled for Dec. 20, 2023, but Chief U.S. District Judge James Boasberg granted a continuance until 10 a.m. Jan. 9 at the federal courthouse in Washington D.C. In his sentencing memo, Mr. Ungvarsky said Mr. Epps' intention all along was for peaceful protests at the Capitol on Jan. 6.
"Ray Epps understands the serious mistake he made when he joined others to attend the Stop the Steal Rally on January 6, 2021, and to encourage others to walk to the U.S. Capitol to continue to protest," Mr. Ungvarsky wrote.
"At all times, Mr. Epps' intent was that the protest would be peaceful and would be done peacefully," Mr. Ungvarsky said.
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