Judge scolds NC woman for bringing son to US Capitol riot, then sentences her to prison

A year and a day after taking part in an unprecedented assault on the country’s democracy, Virginia Spencer became the first North Carolina defendant sentenced in connection with the violent breach of the U.S. Capitol.

Now, the Pilot Mountain mother of five will be the first to spend time in prison.

A federal judge in Washington on Friday sentenced Spencer to three months in custody, three years’ probation and $500 in restitution.

In handing down the sentence recommended by prosecutors, U.S. District Judge Colleen Kollar-Kotelly criticized decisions “Jenny” Spencer had made on Jan. 6, 2021, as both as a U.S. citizen and a mother.

Kollar-Kotelly credited Spencer for not being violent during her family’s 30-minute stay inside the Capitol and subsequently had shown remorse.

But the judge said Spencer’s mere presence had given support to hundreds of protesters, spurred on by former President Donald Trump’s baseless claims of a stolen election, who attacked police, smashed through windows and doors, and left parts of the Capitol in ruins. Five people died. More than 140 police officers were injured.

One year later, North Carolina residents’ role in the US Capitol violence grows

During a particularly personal moment in the hearing, Kollar-Kotelly also questioned Spencer’s decision to bring her 14-year-old son to the violence, which the judge described as “a complete lack of judgment on your part.”

“It’s very hard to comprehend,” Kollar-Kotelly said. “This must have been a traumatic experience to witness ... I sincerely hope he is alright.”

The 90-minute session, which was held remotely due to the pandemic, was hampered throughout by technical problems. But at the end, participants across the phone lines heard someone openly weeping.

To date, some 725 people have been arrested in connection with the violence — including at least 16 North Carolinians — after thousands of Trump supporters stormed the Capitol to stop congressional certification of his election loss to Joe Biden and keep Trump in office.

Spencer’s husband, Chris, also is charged in the case. He has pleaded not guilty to a series of more serious charges and is scheduled to go to trial later this year. If convicted, he, too, faces a likely prison sentence, albeit one almost certainly longer than his wife’s.

Spencer was the first state resident to be arrested in the investigation. In the fall, she pleaded guilty to a single misdemeanor charge of Parading, Demonstrating or Picketing in the Capitol building. Prosecutors dropped three other misdemeanor counts in return for her plea.

Her defense attorney, Allen Orenberg of Potomac, Md., argued for probation and community service.

In his sentencing memo to the judge, Orenberg said his client never expected violence or planned to participate in it. Spencer went to Washington, he said, because she believed Trump’s claims that the election had been stolen, and she wanted to show her support.

“She did not suit up for combat,” Orenberg wrote. “She did not hide her face. She was not armed and she committed no violent actions. She did not destroy anything. Mrs. Spencer’s only desire was to participate in a Democratic process.

“... Unfortunately going into the Capitol was not part of that democratic process.”

In a somewhat rare move for a misdemeanor case tied to the riot, prosecutors argued that Spencer had earned prison time.

Assistant U.S. Attorney Douglas Collyer wrote in a court filing that while Spencer had not been violent, she and her husband had joined mobs inside the Capitol that were.

Spencer later lied to the FBI about her involvement, saying that she and her family had been swept into the Capitol by the invading mob when, in fact, photos showed them strolling toward the damaged entrance.

Like the judge, Collyer also cited Jenny Spencer’s decision to bring her teenage son inside the Capitol despite the violence all around them.

“She was not forced into the Capitol by a crowd; she voluntarily entered after proceeding past barricades, through tear gas and percussion grenades, and after witnessing at least one arrest,” Collyer wrote.

“Inside, she was part of three mobs, one in the (Capitol) Crypt that overwhelmed police to gain further access to the building, one that invaded Speaker (Nancy) Pelosi’s office suite and one that demanded entry to the House Chamber ... She told a police officer she was ‘doing this’ for him, too. And she did all of that with her minor child in tow.

“Accordingly, the nature and circumstances of this offense reflect a need for a lengthy period of incarceration.”

Kollar-Kotelly agreed, saying Spencer had damaged the very democratic process she said she wanted to defend.

“There are lawful means available to change or challenge actions you disagree with,” the judge said before handing down Spencer’s sentence.

“But they don’t include a violent insurrection.”

At the Capitol

The written arguments in the case reflect a pitched battle to frame Virginia Spencer and her state of mind on Jan. 6.

In a letter to the judge, Genesis Spencer described her mother as her hero and her best friend.

“She goes out of her way all the time to help people. She is so hardworking and strong” the daughter wrote. “I have searched for inspiration to deal with all my troubles in life and every time, my steps always lead back to her.”

Orenberg, Spencer’s attorney, described her as as veritable Every Woman, one of the millions of Americans who, isolated by the pandemic, gorged on the media’s reporting of the Black Lives Matter movement and the raucous presidential campaign.

“After months of watching our major cities burn, many people became convinced that vocal displays of outrage in the form of protesting was the only way to make their voices heard,” he wrote.

Prosecutors paint a different portrait. When she arrived in Washington for Trump’s “Stop the Steal” rally, Jenny Spencer wore a “F*** Gun Control” sweatshirt.

On their trip to the Capitol at Trump’s urging, she and her family walked for a time with members of the right-wing extremist Proud Boys, before joining another group that clashed with a lone counter-protester, forcing police to step in.

“Easy to talk s*** behind the cops,” Chris Spencer said with his son at hand, according to documents.

“Look who’s protecting you ... behind the f****** police,” Jenny Spencer taunted.

The FBI says the Spencers entered the Capitol on the Senate side of the building about six minutes after the initial breach.

In her own court filings, Spencer described the atmosphere as festive. But Kollar-Kotelli said the family quickly came upon a battle line of rioters and police. For the next 30 minutes, according the family had numerous opportunities to leave the Capitol but kept milling through the building.

“It wasn’t a great idea to go in,” the judge said.

According to documents, the Spencers joined a mob trying to get inside the House chamber, which still held members of Congress and their staffs. They joined another group that broke into Pelosi’s office suite, which the family briefly entered.

Later, they watched police making their way through a corridor who were attacked by a member of the mob.

Chris Spencer started filming with his phone. “Smile mother******,” he said to the police, according to documents. “Smile b*****!”

Near Statuary Hall, Jenny Spencer spoke to another officer. She repeated the conversation for her husband as he filmed, according to documents.

“This is not only for us; this (is) for y’all, too,” she said she told the cop.

“I know,” she said the officer replied. “But the point’s been made, the point’s been made.”

“Well, it’s b******t,” Jenny Spencer said.

Observer news editor Rogelio Aranda contributed.