NYPD veteran convicted of assaulting officer in Capitol riot

WASHINGTON (AP) — A federal jury on Monday convicted a New York Police Division veteran of assaulting an officer during the U.S. Capitol riot, rejecting his claim that he was defending himself when he tackled the officer and grabbed his gas mask.

Thomas Webster, a 20-year NYPD veteran, was the primary Capitol riot defendant to be tried on an assault charge and the primary to present a jury with a self-defense argument.

Jurors deliberated for less than three hours before they convicted Webster of all six counts in his indictment, including a cost that he assaulted Metropolitan Police Department officer Noah Rathbun with a harmful weapon, a steel flagpole. The assault cost alone is punishable by as much as 20 years in jail, though sentencing pointers seemingly will advocate a significantly shorter jail time period.

Webster, 56, testified that he was making an attempt to guard himself from a “rogue cop” who punched him within the face. He additionally accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or pick a fight with Webster as a violent mob attacked the Capitol on Jan. 6, 2021, disrupting Congress from certifying Joe Biden’s 2020 presidential election victory over then-President Donald Trump.

Two jurors who spoke to reporters after the verdict stated videos capturing the officer’s assault from multiple angles had been crucial proof rebutting Webster’s self-defense argument.

“I assume we were all surprised that he would even make that defense argument,” said a juror who spoke on situation of anonymity. “There was no dissention among us at all. We unanimously agreed that there was no self-defense argument right here at all.”

One other juror, who also spoke on condition of anonymity, said Webster’s self-defense declare “just didn’t stack up.”

U.S. District Decide Amit Mehta is scheduled to condemn Webster on Sept. 2.

Webster’s jury trial was the fourth for a Capitol riot case. The first three defendants to get a jury trial also had been convicted of all prices in their respective indictments. A choose determined two different circumstances with out a jury, acquitting one of the defendants and partially acquitting the other.

Webster, who wore a masks in court docket, confirmed no apparent reaction to the verdict.

“We’re disillusioned,” protection lawyer James Monroe stated after the verdict, “however we acknowledged from the beginning that folks right here (in Washington, D.C.) were fairly traumatized by what transpired on Jan. 6. And I believe we noticed some of this expressed at present.”

Prosecutors requested for Webster to be detained, but the choose agreed to let him remain free till his sentencing. He’ll proceed to be monitored with an ankle bracelet. The decide said it was a “shut call” whether or not to jail him instantly but famous that he has complied with current circumstances of release and doesn’t have any prior convictions.

Webster drove alone to Washington from his residence near Goshen, New York, on the eve of the Jan. 6 “Cease the Steal” rally. He was wearing a bulletproof vest and carrying a U.S. Marine Corps flag on a metal pole when he approached the Capitol, after listening to Trump address thousands of supporters.

Webster mentioned he went to the Capitol to “petition” lawmakers to “relook” at the results of the 2020 presidential election. But he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral Faculty vote.

Rathbun’s body digicam captured Webster shouting profanities and insults earlier than they made any physical contact. Webster said he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of motorbike racks.

The body digicam video exhibits that Webster slammed one of many bike racks at Rathbun before the officer reached out with an open left hand and struck the correct aspect of Webster’s face. Webster stated it felt as though he had been hit by a freight practice.

“It was a hard hit, and all I wished to do was defend myself,” Webster stated.

Rathbun mentioned he was making an attempt to maneuver Webster back from a security perimeter that he and other officers were struggling to maintain.

After Rathbun struck his face, Webster swung a steel flag pole at the officer in a downward chopping movement, hanging a motorbike rack. Rathbun grabbed the broken pole from Webster, who charged at the officer, tackled him to the bottom and grabbed his gasoline mask.

Rathbun testified that he began choking as the chin strap on his fuel masks pressed towards his throat. Webster stated he grabbed Rathbun by the gasoline mask as a result of he wanted the officer to see his palms.

Rathbun reported a hand injury from a separate encounter with a rioter inside the Capitol. He didn’t report any injuries caused by Webster, however jurors saw images of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster confronted counts of assaulting, resisting or impeding an officer using a harmful weapon; civil disorder; coming into and remaining in restricted grounds with a dangerous weapon; disorderly and disruptive conduct in restricted grounds with a harmful weapon; participating in bodily violence in restricted grounds with a harmful weapon; and interesting in an act of physical violence on Capitol grounds.

Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg’s personal safety element. He served within the U.S. Marine Corps from 1985 to 1989 earlier than joining the NYPD in 1991.

Greater than 780 folks have been charged with riot-related federal crimes. The Justice Division says more than 245 of them have been charged with assaulting or impeding legislation enforcement. Greater than 100 officers were injured.

Two other defendants testified at their trials. Dustin Byron Thompson, an Ohio man who was convicted by a jury of obstructing Congress from certifying Biden’s presidential victory, stated he was following orders from Trump. A choose listening to testimony and not using a jury acquitted Matthew Martin, a New Mexico man who mentioned outnumbered law enforcement officials allowed him and others to enter the Capitol through the Rotunda doors.

Two riot defendants didn’t testify at their trials earlier than jurors convicted them of all fees, together with interfering with officers. One among them, Thomas Robertson, was an off-duty police officer from Rocky Mount, Virginia. The other, Texas resident Guy Wesley Reffitt, additionally was convicted of storming the Capitol with a holstered handgun.

U.S. District Decide Trevor McFadden, a Trump nominee who acquitted Martin of all costs, additionally presided over a bench trial for New Mexico elected official Couy Griffin. McFadden convicted Griffin of illegally entering restricted Capitol grounds but acquitted him of engaging in disorderly conduct.