Missouri man who wanted to join militia groups before Jan. 6 Capitol riot is sentenced

A Missouri man who wanted to join the far-right Oath Keepers and Three Percenters militias days before the Capitol riot and entered the building in tactical gear on Jan. 6 was sentenced Friday to 18 months’ probation.

Jonas Buxton, 26, of St. Charles, also must perform 40 hours of community service and pay a $500 fine and $500 restitution for losses suffered as a result of the siege at the U.S. Capitol, which the government says totaled nearly $2.9 million.

He faced up to six months in jail, five years’ probation and a $5,000 fine after pleading guilty in August to one count of parading, demonstrating or picketing in a Capitol building, a misdemeanor.

The sentencing hearing was held via video conference in U.S. District Court for the District of Columbia.

“I sincerely regret the fact that I participated in an event that has done so much harm,” Buxton told Senior U.S. District Judge John D. Bates. “My love for this country extends to its institutions and to its buildings, and the fact that I played any small participation in an event that has done harm to those is something that I sincerely regret.

“I’ve been working hard and diligently to continue to move on with my life in a positive way, to distance myself from any kind of groups who might be in any way radical and just to continue to be a good citizen…”

Bates told Buxton that he wanted him to understand “the magnitude of what we’re dealing with here.”

“I do want you to think about being in a federal courtroom, standing at the lectern before the bench with the judge addressing you on the seriousness of the conduct here and the consequences that you face for that conduct,” he said.

“The attack on the Capitol on January 6, 2021, was an extremely serious threat to our democracy, our democratic values and the institutions that we cherish in this country.”

Prosecutors said Buxton breached the Capitol building “battle-ready dressed in a gas mask and tactical vest” and spent about 16 minutes inside, roaming from the Senate Wing to the Crypt. Buxton’s actions, they said, supported a sentence of 30 days’ incarceration, 36 months’ probation, 60 hours of community service, and $500 in restitution.

“Mr. Buxton entered the Capitol, and he’d gone here showing that he was ready to fight,” said Anthony Franks, an assistant U.S. attorney. “He had on a gas mask. He had that on his head. On his body, he had a tactical vest. This is far from normal attire to attend a rally.”

Buxton, who has a degree in physics from the Missouri University of Science and Technology in Rolla, has contended that he committed no violence and entered the Capitol mainly because he needed to use the restroom.

In a sentencing memorandum filed with the court, Buxton’s attorney said Buxton went to Washington, D.C., with family members to attend the “Stop the Steal” rally on Jan. 6, 2021, in support of former President Donald Trump.

“He did not anticipate violence against the Capitol, violence against police officers, or destruction of property,” the document said. “He was a supporter of then President Trump and planned to peacefully demonstrate and participate in the political discourse surrounding the controversial 2020 election.”

Three days before the rally, the document said, Buxton communicated with a recruiter for the Oath Keepers and Three Percenters militia groups, saying he had an interest in joining. Buxton had received an email from the Three Percenters promoting the rally. The recruiter got back to him the next day, saying that there was no vetting of prospective members going on at the time because of the “DC stuff,” so he should be patient and check back after Jan. 6.

The memorandum said Buxton did go into the Capitol building during the riot, but just to use the restroom. His version of the events:

“At approximately 3:05 p.m., Buxton entered the Capitol through the Senate Wing doors. Defendant Buxton then went to the Crypt, asked a police officer for directions to the bathroom, used the bathroom, and exited the Capitol through the Senate Wing doors at approximately 3:21 p.m. Buxton was peaceful, respectful and pleasant in his interactions with law enforcement. He did not destroy any property. He was in awe of the Capitol Building. He now deeply regrets having entered the Capitol on that day.”

Later, when Buxton learned that investigators had identified him after receiving a tip that he’d breached the Capitol, he contacted a lawyer and returned to Missouri from Panama, where he’d been temporarily living with his parents, the document said.

When Buxton arrived at Miami International Airport in early April 2021, he was referred for an additional inspection by U.S. Customs and Border Protection officers. During the inspection, the sentencing memorandum said, an officer found a letter from the Three Percenters on his phone promoting a Jan. 6 rally. It said, “General Call to Action! Washington DC Rally.”

The letter said members who attended the rally were expected to conduct themselves “in a professional, and civil, manner in accordance with the integrity of this organization.”

“We need to be entirely unthreatening in our demeanor as well as our attire,” it said, adding that “the wearing of combat uniforms, body armor, tactical vests, helmets, or any other ‘battle rattle’ is prohibited. We are not going there to fight; we are going there to peacefully protest.”

Buxton did not follow through with joining either group, his sentencing memorandum said.

“It is expected that the U.S. Attorney’s Office will try to paint Buxton as a political radical tied closely to groups such as the Three Percenters and the Oathkeepers,” it said. “Such is simply not the case. Although Buxton expressed some interest in joining the groups prior to the events of January 6th, he did not join. He had no interest in joining afterwards. He saw the ugliness of the actions taken by many. Buxton was not part of the violent behavior undertaken by some.”

As for wearing tactical gear and a gas mask at the Capitol, Buxton said he did so because he’d been to other political rallies where he’d seen people being injured by counter-protesters.

“He had seen others pepper sprayed, beaten and otherwise violently accosted,” his sentencing memorandum said. “He dressed in a manner which he felt was appropriate for his safety.”

According to the document, Buxton is co-founder of a cryptocurrency startup company and an engineering consultant for a company that makes sensory beds for children with autism.

The memorandum included copies of 13 letters written to the judge from Buxton’s parents, relatives, friends and boss praising him and asking for leniency. Letter after letter described him as loyal, trustworthy, upstanding, respectful and caring.

But prosecutors painted a different picture, focusing in part on his attire that day.

“One of the most important factors here is that Buxton breached the Capitol wearing a tactical vest and gas mask,” the government said in its sentencing memorandum. “He clearly was ready for violence and was dressed for it.”

The document pointed out the Three Percenters’ “call to action” letter that customs officers found in Buxton’s phone at the Miami airport.

“Even this group stressed that those who were coming to Washington D.C. on January 6 to protest should not wear ‘tactical vests’ reasoning, ‘[w]e are not going there to fight, we are going there to peacefully protest,” the government’s memorandum said.

“Despite this clear warning, and the police presence at the Capitol on January 6th, Buxton breached the Capitol not only wearing a tactical vest, but also a gas mask. He was there for violence. Additionally, he remained in the Capitol building for almost 16 minutes.”

Buxton’s claim that he only went inside to use the restroom “makes no sense,” the government said.

“He could have sought out other locations besides the rioter-filled Capitol to do so.”

Prosecutors also zeroed in on Buxton’s interest in joining the Oath Keepers and Three Percenters prior to the riot.

Those anti-government groups are accused of playing key roles in the insurrection. In January, 11 members or associates of the Oath Keepers, including founder Stewart Rhodes, were indicted on seditious conspiracy charges. Several have pleaded guilty in recent months. And on Tuesday, after a nearly two-month-long trial, Rhodes and a co-defendant were convicted of seditious conspiracy. Three other associates were cleared of that charge, but all five were found guilty of obstruction of an official proceeding.

Buxton is the 13th Missouri resident to be sentenced in connection with the Capitol riot. Three others have pleaded guilty and await sentencing, and two are scheduled for trial early next year. The cases of five other Missourians charged in the Capitol riot are winding their way through court.