WNC man's J6 Capitol attack sentence would be among harshest; site of 'most violent fight'
Federal prosecutors say the former owner of a Jackson County tea house took part in the Capitol riot in one of its "most violent" locations and are recommending a sentence that would be among the harshest of those convicted in the Jan. 6 storming of the country's legislature.
U.S. attorneys for the District of Columbia made the recommendation that Lewis Easton Cantwell be imprisoned for five months, saying in an Aug. 12 sentencing memorandum that he helped a mob as it fought with police in what amounted to a "grave threat" to democracy and an act of "domestic terrorism." Under sentencing guidelines, Cantwell could face up to six months in prison.
If imposed by a judge, the sentence would be one of the longest of those given to 237 "Capitol breach defendants," falling in the top 11%, according to a Citizen Times analysis of a sentencing table submitted by prosecutors.
Prosecutors declined to comment on Aug. 17. Asked about Cantwell's designation as having breached the Capitol — despite only being at the edge of the complex at the entrance of the Lower West Terrace tunnel — U.S. attorneys Washington office spokesperson Bill Miller said all restricted grounds were included.
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"The table covers defendants who have been sentenced in the investigation into the breach of the U.S. Capitol, which also would include the U.S. Capitol grounds," Miller said.
Cantwell, a 37-year-old Haywood County resident, military veteran and former owner of the Jackson County Sip' Sum kava and tea house in Sylva, signed on to a Feb. 16 plea deal, admitting guilt to one felony charge of obstructing, impeding, or interfering with law enforcement during the commission of civil disorder.
While Cantwell did not engage in "direct combat," he was depicted in pictures and video raising his fist, helping a mob push through officers and working to "propel a flagpole" toward police, according to the memorandum written by Jacqueline Schesnol, a trial attorney and Capitol riot detailee and submitted this month by U.S. Attorney Matthew Graves.
"Although there is no evidence that he directly injured officers, Cantwell actively participated in a riot that injured officers and destroyed property," the memorandum said.
Reached Aug. 17, Cantwell's attorney Nic Cocis of Murrieta, California, said five months was too severe for his client's actions.
"We disagree with the government’s recommendation and we plan on responding in writing before the legal deadline," he said. The exact date was unclear, with Cocis saying it was in "approximately two weeks."
After the riot, Cantwell defended his actions in a Facebook post prosecutors included with no date in the memorandum.
"Oh my goodness before everyone gets their panties in a wad! It is my right to go to any event I want!" Cantwell said in the post.
Cantwell said he "helped people both police and protesters" and that he was not a domestic terrorist but a "patriot who loves my country I treat people with love and respect I help people in need and I expect that you will be a decent human and understand what and why I did it."
An online January 2021 review page for the now-closed tea house accused some who posted of attempting "to shut down a business simply for the owners political views."
In the memorandum, prosecutors said the pictures and video refuted Cantwell's claims that he helped police and that there was no major property damage.
They said damage to the Capitol and costs borne by police amounted to more than $2.7 million. More than 100 officers were injured, prosecutors said, including Metropolitan Police Officer Michael Fanone who was abducted and stunned with a Taser in the battle at the tunnel, and MPD Officer Daniel Hodges who was assaulted while caught in the tunnel doors between rioters and police.
Cantwell took video of Hodges "crying out ... while being crushed by the mob," they said. "And Cantwell proclaimed, 'there’s about a million people outside, these 45 cops are not going to hold everybody back.'"
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Sentencing among the harshest
Of the 236 people already sentenced for crimes including breaching the Capitol, less than half were given prison time.
Of those incarcerated, only 25, or 11%, were made to serve five months — Cantwell's recommended sentence — or more.
Among the longest sentences was one of more than seven years handed down to Guy Reffitt, a recruiter for the far-right Texas Three Percenters militia who came armed to the riot, threatened his children and led the mob that broke into the Capitol.
Nearly all of the 14 cases so far in which defendants received more than a year in prison involved assaults against police. A few cases resulted from threats against House Speaker Nancy Pelosi or police. And in one case, a man parked a truckload of weapons near the Capitol.
Sentenced to one year was Nolan Cooke, the first to breach police bike rack barriers on the east side of the Capitol where "he physically pushed past officers, encouraged others to force their way into the building and used his flagpole to strike at a window of the Capitol," prosecutors said.
Derrick Evans will serve three months after taking several videos and encouraging others to enter along with him through the Rotunda doors, the Capitol's heart. Unlike Cantwell, Evans did not encourage others while officers were assaulted, prosecutors said. He also did not actively join the mob, as Cantwell did, rocking and pushing against police and moving a flagpole into the tunnel "essentially participating in an assault."
Other WNC Jan. 6 connections
Not on the sentencing chart was fellow WNC resident Cleveland Grover Meredith Jr., of Clay County, who is serving a 28-month sentence after arriving in Washington with guns and large amounts of ammunition. Meredith, who threatened to shoot Pelosi in the head, intended to participate in the events of Jan. 6 but arrived a day late because of car trouble, court documents said.
Other WNC residents with links to the insurrection include 11th District Rep. Madison Cawthorn, who sought to fire up a crowd at the Stop the Steal rally prior to the storming, and Mark Meadows, former 11th District Ccongressman and chief of staff for Donald Trump. Meadows was involved with some of the highest-level discussions about overturning the election and has been at the center of widely watched hearings by the House select committee.
Congress voted to hold Meadows in contempt for failing to cooperate with the committee's investigation, though the Department of Justice has declined to bring charges.
On April 1, Thomas Gronek, 48, of Asheville, pleaded guilty in Superior Court of the District of Columbia to a misdemeanor charge of attempting to carry a rifle outside a home or business. He drove a bus painted with "Hippies 4 Trump" to Washington the day before the riots. He was sentenced to time served and ordered to pay $50.
Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: WNC man's J6 Capitol attack sentence would be among harshest
