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 first 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 lower than three hours earlier than they convicted Webster of all six counts in his indictment, including a charge that he assaulted Metropolitan Police Department officer Noah Rathbun with a harmful weapon, a metallic flagpole. The assault cost alone is punishable by up to 20 years in jail, although sentencing tips seemingly will advocate a significantly shorter prison time period.

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

Rathbun testified that he didn’t punch or choose a combat 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 decision mentioned videos capturing the officer’s assault from a number of angles have been crucial proof rebutting Webster’s self-defense argument.

“I guess we had been all stunned that he would even make that protection argument,” mentioned a juror who spoke on situation of anonymity. “There was no dissention amongst us at all. We unanimously agreed that there was no self-defense argument here at all.”

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

U.S. District Decide Amit Mehta is scheduled to sentence 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 have been convicted of all prices of their respective indictments. A decide decided two other cases and not using a jury, acquitting one of the defendants and partially acquitting the opposite.

Webster, who wore a mask in courtroom, showed no obvious response to the decision.

“We’re disenchanted,” protection lawyer James Monroe mentioned after the verdict, “however we acknowledged from the beginning that people here (in Washington, D.C.) were fairly traumatized by what transpired on Jan. 6. And I feel we saw some of this expressed right this moment.”

Prosecutors requested for Webster to be detained, however the decide agreed to let him remain free until his sentencing. He’ll continue to be monitored with an ankle bracelet. The decide mentioned it was a “shut name” whether or not to jail him immediately but noted that he has complied with present conditions of launch and doesn’t have any prior convictions.

Webster drove alone to Washington from his dwelling close to Goshen, New York, on the eve of the Jan. 6 “Cease the Steal” rally. He was sporting a bulletproof vest and carrying a U.S. Marine Corps flag on a steel pole when he approached the Capitol, after listening to Trump handle 1000's of supporters.

Webster said he went to the Capitol to “petition” lawmakers to “relook” on the results of the 2020 presidential election. However he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral School vote.

Rathbun’s body camera captured Webster shouting profanities and insults before they made any bodily contact. Webster stated 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 the bike racks at Rathbun before the officer reached out with an open left hand and struck the right side of Webster’s face. Webster mentioned it felt as if he had been hit by a freight prepare.

“It was a tough hit, and all I needed to do was defend myself,” Webster said.

Rathbun stated he was making an attempt to maneuver Webster back from a safety perimeter that he and different officers have been struggling to take care of.

After Rathbun struck his face, Webster swung a metallic flag pole on the officer in a downward chopping motion, striking a motorbike rack. Rathbun grabbed the damaged pole from Webster, who charged at the officer, tackled him to the ground and grabbed his fuel mask.

Rathbun testified that he started choking because the chin strap on his fuel masks pressed towards his throat. Webster said he grabbed Rathbun by the fuel mask because he wished the officer to see his arms.

Rathbun reported a hand harm from a separate encounter with a rioter contained in the Capitol. He didn’t report any accidents attributable to Webster, however jurors noticed photos of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster faced counts of assaulting, resisting or impeding an officer utilizing a harmful weapon; civil dysfunction; coming into and remaining in restricted grounds with a dangerous weapon; disorderly and disruptive conduct in restricted grounds with a dangerous weapon; participating in physical violence in restricted grounds with a dangerous 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 detail. He served within the U.S. Marine Corps from 1985 to 1989 before becoming a member of the NYPD in 1991.

Greater than 780 people have been charged with riot-related federal crimes. The Justice Division says more than 245 of them have been charged with assaulting or impeding law enforcement. More than 100 officers have been 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, said he was following orders from Trump. A decide listening to testimony with no jury acquitted Matthew Martin, a New Mexico man who said outnumbered law enforcement officials allowed him and others to enter the Capitol through the Rotunda doorways.

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

U.S. District Choose Trevor McFadden, a Trump nominee who acquitted Martin of all fees, additionally presided over a bench trial for New Mexico elected official Couy Griffin. McFadden convicted Griffin of illegally getting into restricted Capitol grounds however acquitted him of partaking in disorderly conduct.