Prosecutors Call for a Six-Month Sentence for January 6 Defendant Ray Epps

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Ray Epps, a January 6 defendant who appeared in many videos and was a target of conspiracy theories, faces up to six months in jail, and some are not pleased. 

Epps was not initially charged 

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The MAGA supporter appeared in several videos from the Capitol riots, and a former Oath Keeper member was not initially charged, prompting conspiracy theories. Epps pleaded guilty in September to a misdemeanor charge of disorderly conduct on restricted grounds. 

Accusations of working for the FBI

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Epps went into hiding, not from prosecution, but from theorists who claimed he was an FBI informant. During the plea deal hearing, Assistant U.S. Attorney Michael Gordon stated that he was not a confidential source for the FBI “or any other law enforcement agency.” 

In hiding 

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The defendant from Arizona worked as a roofer after serving four years as infantry in the U.S. Marine Corps. Following the conspiracy theories, he went to live somewhat in hiding. He left the infamous group Oath Keepers several years before the January 6. 

Epps was spotted a day before the riots 

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In one video, Epps was filmed saying, “Tomorrow, we need to go into the Capitol … peacefully…” On another, from January 6, he said, “As soon as the president is done speaking, we go to the Capitol.” He said he never entered the building, though the prosecution argued, “Even if Epps did not physically touch law enforcement officers or go inside of the building, he undoubtedly engaged in collective aggressive conduct.”

Raising questions 

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The prosecution also described this case as “unique” and wrote, “Although Epps engaged in felonious conduct during the riot on January 6, his case includes a variety of distinctive and compelling mitigating factors.” The memo said he tried to “de-escalate conflict and avoid violence.” 

Epps turned himself in 

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The same memo says the Arizona Trump supporter “turned himself in to the FBI two days after the riot.” It adds that he “cooperated with both the FBI and Congress, participating in multiple lengthy voluntary interviews.” The DOJ further said, “No previously sentenced case contains the same balance of aggravating and mitigating factors present here.”

“Lame single charge” 

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American Greatness reporter Julie Kelly wrote on X, “This lame single charge tells us everything we need to know about Ray Epps. No obstruction felony? No civil disorder charge? Not even a trespassing on restricted grounds misdemeanor?” Many expressed similar views following the recommendation of six months in prison and a fine of 500 dollars. 

Prompting further theories 

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An X user, ProudArmyBrat, posted, “Ray Epps pushing the crowd to ‘go to the Capitol as soon as Trump is done speaking.’ He also admitted to his nephew that he “helped orchestrate” J6. Anyone who stepped foot on the Cap grounds was arrested, yet he’s still living freely in Arizona! Still, no subpoena from GOP House!”

Some believe this is not fair 

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Greg Price shared, also on X, “People who weren’t even in D.C. on January 6 are spending multiple decades in jail, but the guy who actually told people to inside the Capitol will be free in less than 6 months.” 

Punishment fits the conspiracy theories

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The protection also noted, “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.” The initial charge Epps faced was punishable by a maximum of one year in prison. 

Over 1200 defendants were charged 

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Out of over 1200 defendants charged, over 700 pleaded guilty. Some were convicted after trials by the jury or the judges. Around 350 were jailed, while some received home detention. Henry “Enrique” Tarrio, former leader of the right-wing extremist group Proud Boys, was sentenced to 22 years in prison, while Stewart Rhodes, the leader of the far-right Oath Keepers, was sentenced to 18 years in prison for seditious conspiracy. 

Defamation lawsuit 

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Epps filed a defamation lawsuit against Fox News and former host Tucker Carlson over spreading “falsehoods” that led to the defendant’s and his wife’s lives being “destroyed.” The lawsuit was filed in July, and Fox asked for dismissal in August. Carlson featured Epps in more than two dozen segments, the lawsuit alleged.  

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