Prosecutors ask judge to impose long sentence for Northern California Jan. 6 rioter

Arguing that a Northern California man who participated in the insurrection at the U.S. Capitol came “prepared for violence,” prosecutors are asking a judge to impose one of the longer sentences handed down on Jan. 6 defendants.

The government is asking U.S. District Court Judge John D. Bates to order former Auburn construction worker Sean Michael McHugh, 35, to serve 10 years and three months in prison, pay a $73,000 fine and pay $2,000 in restitution when he is sentenced next Thursday.

The request comes in a 44-page sentencing memorandum filed late Thursday in federal court in Washington, D.C., where prosecutors argued that McHugh armed himself with powerful bear spray and a bullhorn and traveled to the Capitol to urge fellow supporters of then-President Donald Trump to “march on Congress.”

“During the riot, McHugh actively participated in at least four attempts to breach perimeters established by officers during the riot,” Assistant U.S. Attorneys Lynnett Wagner and Carolina Nevin wrote. “First, he was one of the initial rioters to breach a police line and enter the West Plaza.

“Second, he wrestled with an officer for control of a barricade protecting access to the Capitol. Third, he assaulted officers on the West Plaza, hitting them with his bear spray, causing the officers to back away from the line, and preventing them from performing their official duties.

“Fourth, he helped other rioters to push a large metal sign into officers. In between these acts of aggression, McHugh used his megaphone to spew vitriol towards officers and to encourage other rioters to act against the officers.”

McHugh attorney seeks much shorter sentence

McHugh, 35, was convicted last April of assaulting, resisting or impeding officers using a dangerous weapon and obstruction of an official proceeding and could face a sentence of up to 20 years in prison.

His attorney argues that McHugh should receive a sentence of only two years, which “should permit him to rejoin society in time for his son’s high school graduation.”

Attorney Joseph Allen contends in a 13-page sentencing memorandum that McHugh was exercising his First Amendment rights on Jan. 6, that McHugh was swept up in the moment as protesters moved toward the Capitol from the Ellipse, where Trump had spoken before Congress was scheduled to certify Joe Biden’s victory in the 2020 election.

“Mr. McHugh is not a rioter nor is he an insurrectionist,” Allen wrote. “He is an American citizen who, like any of us could, found himself caught up in the emotion of the events of a day which began lawfully and peacefully, then dominoed into the situation in which he finds himself now.

“Mr. McHugh has maintained and continues to maintain that his actions for which he stands before this court were not planned, nor did he engage in the January 6 protest with any ill intent or malice.”

McHugh, who has been in custody since his arrest May 2021, is the only one of four Sacramento-area defendants in the Jan. 6 riot to remain in jail, and faced the most serious charges among the four.

The government’s proposed sentence of more than 10 years in prison would be one of the longer ones imposed on Jan. 6 defendants to date.

The longest imposed to date was 18 years for Stewart Rhodes, the leader of the far-right Oath Keepers group who was convicted of seditious conspiracy.

Two other members of the right-wing Proud Boys group, Joseph Biggs and Zachary Rehl, were sentenced Thursday to 17 years and 15 years, respectively.

Sentence ‘reflects gravity of McHugh’s conduct’

Prosecutors in McHugh’s case argue that a sentence of 10 years and three months — which falls within federal sentencing guidelines calling for a term of 110 to 137 months — “reflects the gravity of McHugh’s conduct and his extensive criminal history.”

They also argue that he has shown no remorse for his actions, and that a fundraising site set up on his behalf contained a post from Thursday appearing to be from McHugh that stated, “I did not hurt anyone.”

“Good Morning Everyone,” that post reads. “Let the countdown begin 7 more days and the fate of my life is in the hands of the DOJ...

“I’ve been anxious, and nervous with so many thoughts running through my head. I’m having trouble sleeping and am consumed with thoughts of what the outcome will be. I did not hurt anyone and I did not enter the Capital yet they want to give me 11.5 years it hardly seem fair. I ask you all to continue to pray for me and my family along with extra prays for the Proud Boys who have their sentencing this week.”

The fundraising effort says it was set up by McHugh’s fiancée and describes McHugh as “just like most conservative American(s).”

“The Biden regime and DOJ has made it clear that if you are Republican, you can expect to have your civil, constitutional, and basic human rights stripped from you,” it states.

As of early Friday, that site had raised $74,428 for what it described as “help with funds for legal fees and bills.”

Prosecutors contend that McHugh began planning his trip to Washington in December 2020, and “actively planned to prevent Congress’ certification of the Electoral College vote.”

“In late December 2020, McHugh posted on Facebook ‘Going to D.C. Jan 5 6 7 to fight. HMU if you wanna join. Reservations made!,”’ prosecutors wrote.

He added, “if this doesn’t make you want to get up in storm Congress and rip people out of office then you need to move to China,” according to prosecutors, and noted that McHugh updated his Facebook status early on Jan. 6 to write that “1776 will commence again January 6, 2021.”

Two police officers want to speak at sentencing

Prosecutors also argue that when McHugh sprayed a line of police officers with bear spray — something he bragged about later on social media — he temporarily blinded one officer.

“McHugh was one of the first rioters to break through the police line at the West Plaza,” they wrote. “McHugh assaulted officers on the West Plaza with bear spray at an early, critical juncture in the riot, causing officers pain and disrupting their ability to protect the Capitol.

“McHugh encouraged other rioters to act against officers and advance on the Capitol at multiple times and places on the West Plaza. McHugh took other physical acts against officers that included wrestling with an officer for control of a barricade at the South Scaffolding, joining other rioters to use a large metal sign as a battering ram against officers, and crossing police lines on the West Plaza.”

Two officers from the riot have asked for time to speak at McHugh’s sentencing hearing, and prosecutors say McHugh’s actions warrant the sentence they are recommending.

“McHugh to this day continues to deny responsibility for his actions at the Capitol where he took part in a violent attack on officers and on the government,” they wrote. “McHugh’s denial and lack of remorse demonstrates that McHugh’s sentence must be sufficient to deter him from ever again engaging in violence in pursuit of his political goals.”

Bear spraying police ‘poor exercise of judgment’

McHugh’s attorney describes his client in a different fashion, writing that McHugh was sleep-deprived from his flight to Washington and that he only used his bear spray after seeing his mother get hit with projectiles fired by police, an action Allen described as “an exceedingly poor exercise of judgment.”

He also argued that McHugh carried the bear spray to defend himself in the event Antifa counter-protesters appeared.

“The facts of this case are simple,” Allen wrote. “Mr. McHugh traveled to Washington, D.C., to protest what he believed to be an unlawful and corrupt election result.

“He did so fully within his rights under the First Amendment of the Constitution to petition for a redress of grievances and under the lawfully obtained permits for the protests which had been previously acquired. Mr. McHugh participated in the protest, moving with the crowd, which became more and more agitated.

“Mr. McHugh, in an unfortunate cascade of events, found himself echoing the agitation of the crowd, expressing the growing sentiments directly to the police officers who were present to keep order. These sentiments did not come from a place of reason or from a clear and calculating mental state. Rather they were the product of that phenomenon commonly referred to as mob mentality.”

Allen added that McHugh was not part of “some sinister prior plot” or conspiracy, and that he never entered the Capitol itself.

“Were Mr. McHugh guilty of some other, more severe and serious action, such as breaching the Capitol Building or engaging in physical combat with law enforcement, then a more drastic example might be appropriate,” he wrote. “However, Mr. McHugh is but one of the many everyday citizens who made a regrettable decision on January 6, 2021.”

Allen urged the judge to take into account the fact that McHugh has not seen his teenage son in two years and to show mercy.

“This court has the opportunity to demonstrate that while the events of January 6 were unacceptable, these so-called January 6 defendants are not the enemy,” he wrote. “They are our fellow citizens, neighbors, and friends.

“That ideology has so torn us apart is not the fault of Mr. McHugh, no that blame lies elsewhere.”

One more Sacramento defendant faces sentencing

McHugh is the third of four Sacramento-area Jan. 6 defendants to face sentencing to date.

Valerie Elaine Ehrke of Arbuckle received probation after pleading guilty to a misdemeanor last year.

Tommy Frederick Allen of Rocklin, who entered the Senate chamber and stood on its dais, was sentenced to 21 months last December after apologizing for his actions.

Sacramento Republican activist Jorge Aaron Riley, who pleaded guilty to a felony count in March after allegedly entering then-Speaker Nancy Pelosi’s office during the riot, faces sentencing Sept. 8.