Ray Epps, falsely accused as federal agent in Jan. 6 conspiracies, gets probation Capitol riot

WASHINGTON – A defendant in the Jan. 6, 2021, attack on the U.S. Capitol, who was the target of baseless conspiracy theories that he was an undercover federal agent who encouraged the mob to violence, was sentenced Tuesday to probation rather than prison.

Ray Epps, 62, formerly of Queen Creek, Arizona, pleaded guilty in September to disruptive conduct on restricted grounds at the Capitol. He had to move to another state over threats to his life.

“I have learned that truth is not always found in the places that I used to trust,” said Epps, who asked for mercy before learning his sentence.

“I am regretful, remorseful, deeply sorry, and angry at myself for attending the protest,” Epps said in a letter to the judge.

Right-wing media personalities and politicians including former President Donald Trump, Tucker Carlson, Laura Ingraham, Marjorie Taylor Green, R-Fla., and Sen. Ted Cruz, R-Texas, have called Epps an outside instigator, seeking to advance a false narrative that the Jan. 6 riot, which interrupted the certification of President Joe Biden's 2020 victory, was the work of federal law enforcement agencies.

Prosecutors asked for six months in prison and $500 in restitution, but Epps requested probation.

U.S. District Judge James Boasberg sentenced him to 12 months of probation and $500 in restitution.

“You were hounded out of your home,” Boasberg said. “You were hounded out of your town.”

Trump, others questioned whether Epps was a federal agent

While a relatively minor figure among thousands of rioters that day, some participants and observers argued that Epps appeared to stoke the crowd outside the Capitol. He was accused of being a government agent seeking to discredit and entrap Trump supporters.

“Consequently, Epps became a polarizing figure who has received significant and dangerous attention,” prosecutors said.

More: House Jan. 6 Committee debunks Capitol riot conspiracy theory around obscure rallygoer

Donald Trump in an Arizona speech in January 2022 questioned how Epps urged people to enter the Capitol and wasn’t charged at that point. Tucker Carlson, a former Fox News host, said on his show on X, formerly known as Twitter, that Epps was “a hero on the left” and “funded by the Democratic Party.”

In Congress, GOP Reps. Matt Gaetz of Florida, Marjorie Taylor Greene of Georgia and Sen. Ted Cruz of Texas each named Epps in speeches.

In July, Epps, sued Fox News for defamation, citing the threats he received after Carlson went after him. “Fox − and specifically Mr. Carlson − decided that Epps was the villain they needed," his lawyers wrote. Fox has moved to dismiss the case. Epps was profiled on CBS’ “60 Minutes” and by the New York Times.

Federal prosecutors deny Epps was an undercover agent

But federal authorities said Epps has never been a government employee or informant, other than when he served in the Marines from 1979 to 1983.

“He was not a federal agent or working at the direction of a federal agent on January 6; Epps only acted in furtherance of his own misguided belief in the ‘lie’ that the 2020 presidential election had been ‘stolen,’” prosecutors said. “However, due to the outrage directed at Epps as a result of that false conspiracy theory, he has been forced to sell his business, move to a different state, and live reclusively.”

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What was Epps charged with doing?

As part of his guilty plea, Epps acknowledged attending a rally near the White House on Jan. 5, 2021, where he said he expected to be arrested, according to court records. His message was recorded and broadcast over social media.

But at his call for a peaceful protest, other participants chanted “fed, fed, fed” − slang for "federal agent" −at him.

The next day, Epps wore a camouflage-pattern shirt and red “Trump” hat when he attended Trump’s rally near the White House.

“As soon as the president is done speaking, we go to the Capitol,” Epps was recorded as saying. “That’s where our true problems lie.”

At the Capitol, Epps was photographed speaking into the ear of another defendant, Ryan Samsel, just before rioters breached police barriers of bicycle racks and mesh snow fencing about 12:57 p.m. After rioters pushed through the barriers, Epps and others stormed through.

Images of Epps talking to others sparked accusations he was inciting the riot. But Epps and Samsel each told the FBI in separate interviews that Epps had said something to the effect of: “Dude, relax. The cops are doing their job.”

'A unique case' among Jan. 6 defendants: prosecutors

On the Capitol’s West Plaza, Epps pushed forward against the line of police with a large metal sign, but he left the area after police started using pepper spray on the rioters, according to court records.

“I was in the front with a few others,” Epps said in a texts to a nephew. “I also orchestrated it.”

More: Fox News sued for defamation by Jan. 6 protester, former viewer Ray Epps

Epps told the House committee investigating the riot his message meant he “helped people get there” and was “pretty proud that we were all there,” but that he “didn’t see the whole picture” of the violence from that day. Epps later “became embarrassed and sickened about (it) when he saw what ended up happening,” according to his lawyer.

Video taken on the Capitol grounds showed Epps made at least five attempts to reduce conflicts between rioters and police officers, according to court records.

Prosecutors commended Epps for turning himself in two days after the riot and for encouraging others to reduce violence with police.

“This is a unique case in the context of January 6 defendants,” prosecutors wrote.

This article originally appeared on USA TODAY: Ray Epps, falsely accused as a federal agent, avoids jail in Jan. 6 riot