Jan. 6 defendant spared prison after judge finds his Asperger's Syndrome played a part in him joining the riot

  • A January 6 defendant who broke two windows in the Capitol was spared prison on Wednesday.

  • A federal judge sentenced Nicholas Rodean to home confinement instead, Politico reported. 

  • The judge said that Rodean's Asperger's Syndrome influenced him to join other rioters that day.

A January 6 defendant was spared prison time on Wednesday after a federal judge found that his Asperger's Syndrome influenced him to join the riot, Politico reported.

Nicholas Rodean, from Frederick, Maryland, was among the first people to enter the Capitol on January 6, 2021, using a flagpole and another object to break two window panes, opening an entrypoint used by many other rioters, The Department of Justice said.

Prosecutors sought 57 months of prison for Rodean. But on Wednesday, US District Court Judge Trevor McFadden sentenced him to 240 days of home confinement instead, saying that his Asperger's Syndrome made him "particularly susceptible" to the influences that day, Politico reported.

"I'm giving you a real break here," McFadden told Rodean, said NBC News reporter Ryan J. Reilly, in a tweet from the courtroom.

"Please understand that this is your only chance though," McFadden added, saying that he was aware that prison would be difficult for Rodean. He was also ordered to pay $2,048 in restitution.

In July, Rodean was found guilty of one felony offense of destruction of government property and six misdemeanor offenses, including engaging in physical violence in a restricted building or grounds, per court records seen by Insider.

Before his sentencing, Rodean apologized for his actions and said he followed people to the Capitol because that's where everyone was going, and he liked to be in front, per Politico. The outlet said he struggled to express himself at the hearing.

His lawyer later said that Rodean likes to be in front because he doesn't like to be left out, Reilly tweeted.

"I am really sorry about breaking the window," Rodean told McFadden, according to Politico. "I am really sorry about other crimes that I did."

His lawyer also said that the pandemic caused Rodean to become obsessed with online political discussion and that he was easily influenced by "assertive male figures" like former President Donald Trump, Politico reported.

Rodean's sister also spoke during the sentencing proceedings, telling McFadden that "autistic people do not fare well in prison" and that incarceration would hurt his dog-walking business, the publication said.

More than 900 people have been charged in connection with the attack on the Capitol last year, according to Insider's database.

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