NYPD veteran convicted of assaulting officer in Capitol riot

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

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, together with a cost that he assaulted Metropolitan Police Division officer Noah Rathbun with a harmful weapon, a metallic flagpole. The assault charge alone is punishable by as much as 20 years in jail, though sentencing pointers likely will recommend a significantly shorter prison term.

Webster, 56, testified that he was attempting to protect himself from a “rogue cop” who punched him within the face. He also accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or choose a battle 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 stated movies capturing the officer’s assault from multiple angles had been crucial proof rebutting Webster’s self-defense argument.

“I guess we have been all surprised that he would even make that protection argument,” stated a juror who spoke on condition of anonymity. “There was no dissention amongst us at all. We unanimously agreed that there was no self-defense argument right here at all.”

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

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

Webster’s jury trial was the fourth for a Capitol riot case. The primary three defendants to get a jury trial also were convicted of all costs of their respective indictments. A choose determined two different cases with out a jury, acquitting one of many defendants and partially acquitting the opposite.

Webster, who wore a masks in courtroom, confirmed no apparent response to the verdict.

“We’re disappointed,” protection attorney James Monroe stated after the verdict, “however we recognized from the beginning that folk right here (in Washington, D.C.) have been fairly traumatized by what transpired on Jan. 6. And I think we saw a few of this expressed right this moment.”

Prosecutors requested for Webster to be detained, but the choose agreed to let him stay free till his sentencing. He’ll continue to be monitored with an ankle bracelet. The judge said it was a “shut name” whether to jail him instantly but famous that he has complied with current conditions of launch and doesn’t have any prior convictions.

Webster drove alone to Washington from his dwelling close to Goshen, New York, on the eve of the Jan. 6 “Cease the Steal” rally. He was sporting a bulletproof vest and carrying a U.S. Marine Corps flag on a steel 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 outcomes of the 2020 presidential election. But he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral Faculty vote.

Rathbun’s physique camera captured Webster shouting profanities and insults before they made any physical contact. Webster stated 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 the bike racks at Rathbun earlier than the officer reached out with an open left hand and struck the suitable aspect of Webster’s face. Webster mentioned it felt as though he had been hit by a freight practice.

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

Rathbun said he was making an attempt to move Webster again from a safety perimeter that he and different officers had been struggling to take care of.

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

Rathbun testified that he started choking because the chin strap on his gas mask pressed against his throat. Webster stated he grabbed Rathbun by the gas masks because he wished the officer to see his fingers.

Rathbun reported a hand injury from a separate encounter with a rioter contained in the Capitol. He didn’t report any injuries attributable to Webster, however jurors noticed pictures of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster faced counts of assaulting, resisting or impeding an officer utilizing a dangerous weapon; civil dysfunction; coming into and remaining in restricted grounds with a harmful weapon; disorderly and disruptive conduct in restricted grounds with a dangerous weapon; engaging 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 private security element. He served within the U.S. Marine Corps from 1985 to 1989 earlier than becoming a member of the NYPD in 1991.

Greater than 780 individuals have been charged with riot-related federal crimes. The Justice Division says greater than 245 of them have been charged with assaulting or impeding legislation enforcement. Greater 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, said he was following orders from Trump. A choose listening to testimony and not using a jury acquitted Matthew Martin, a New Mexico man who mentioned outnumbered law enforcement officials allowed him and others to enter the Capitol via the Rotunda doorways.

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

U.S. District Choose Trevor McFadden, a Trump nominee who acquitted Martin of all expenses, additionally presided over a bench trial for New Mexico elected official Couy Griffin. McFadden convicted Griffin of illegally coming into restricted Capitol grounds however acquitted him of participating in disorderly conduct.