Greenwood man sentenced to 30 days incarceration for role in Jan. 6 Capitol riot
A Greenwood man was sentenced Friday to 30 days incarceration for a misdemeanor charge related to his participation in the Jan. 6, 2021 riots at the U.S. Capitol.
Joshua Wagner pleaded guilty last year to a misdemeanor charge of parading, demonstrating or picketing in a Capitol building. The maximum sentence for the crime is six months imprisonment and a fine of up to $5,000.
During his sentencing hearing Friday Wagner told Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia he was "very sorry" for what he did at the Capitol.
"There's nothing I can do to take that back," he said.
More: 'Dude, we could literally take it over': U.S. Capitol riot defendant faces jail time
But Jackson said the totality of his actions made him stand out from other Jan. 6 defendants she had sentenced for the same charge.
"I think your conduct warrants a clear sanction," she said.
What did Wagner do?
In court filings, prosecutors said Wagner's cellphone recording captured him referring to police officers who defended the Capitol as "traitors." He also told rioters leaving the area to hold their positions.
"We will occupy this ground for as long as we can," he allegedly said at one point.
Prosecutors also said the defendant wondered out loud why people hadn't brought "ARs," in reference to a style of semi-automatic rifle.
“Dude, we could literally take it over right now,” Prosecutors allege Wagner told Israel Tutrow, the co-defendant in his case who is also from Indiana.
"His aggravating conduct — especially his enthusiasm for joining a violent riot, his belligerent rhetoric and exhortations at the Capitol, and the disdain he showed for the officers defending the Capitol — weigh strongly in favor of incarceration," prosecutors wrote in court documents.
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Prosecutors did note, however, that Wagner appeared regretful when he was arrested. He cried while he turned himself in to the FBI on Jan. 26, 2021, according to court documents.
Multiple family members also provided letters of support to the court detailing how remorseful Wagner was for his actions. Through his job, he has helped provide financially for his family since his father passed away a few years ago, according to the letters.
Inflammatory effect on rioters
Judge Jackson clarified to Wagner that he was not in court because of his political views or because of his speech, but because of his illegal presence on Capitol grounds on Jan. 6.
Based on evidence provided to the court, it appeared he wanted his actions to have an inflammatory effect on the mass of rioters that swarmed the Capitol that day, she said.
He was not like other defendants who "stepped in, took a selfie and stepped out," she said.
She also wondered whether Wagner would have expressed any regret if his photo hadn't been circulated by the FBI, which preceded his surrender.
"There's no evidence you were particularly upset before your photograph was publicized," she said.
Wagner's attorneys last week requested he receive the same sentence as Tutrow, his co-defendant. Tutrow was sentenced in December to three years of probation and a fine of $500 for the same charge.
Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@gannett.com. Follow him on Twitter @IndyStarJohnny
This article originally appeared on Indianapolis Star: Greenwood man sentenced to 30 days incarceration for Capitol riot
