Three California Militia Members Receive Lighter Sentences for January 6 Capitol Attack

Three California men associated with the "Three Percenter" militia group were sentenced to 21-33 months in federal prison for their roles in the January 6, 2021 Capitol attack. Erik Scott Warner received 27 months, Felipe Antonio Martinez 21 months, and Derek Kinnison and Ronald Mele each received 33 months. The sentences were significantly lower than the 6.5-8 year terms sought by prosecutors.

The men were found guilty last year of felony obstruction of an official proceeding and other charges related to the Capitol breach. They were part of a group that traveled to Washington, D.C. for the "Stop the Steal" rally, crossed police lines, and entered the Capitol building. On January 6, the group went to the Ellipse rally, then headed to the Capitol, where they breached the building, assaulted police, and recorded "selfie" videos.

Why this matters: The sentencing highlights ongoing efforts to hold January 6 participants accountable and the challenges in determining appropriate punishments. The case also reflects the involvement of militia groups in the Capitol attack and the threat of domestic extremism.

The felony obstruction charge the men were convicted of is currently before the Supreme Court, where some justices have seemed skeptical of the government's use of the charge. The men had communicated over a Telegram chat and brought weapons to Washington, D.C. on January 6. After the attack, Warner and Kinnison deleted evidence from their phones. The FBI arrested the men in June 2021.

In handing down the sentences, which fell within guidelines ranges, the judge recognized that not all individuals at the Capitol on January 6 were "bad" and that the men had taken responsibility for their actions. The defendants expressed remorse and apologized. "I recognize and apologize for the violence and destruction that took place at the Capitol," Martinez said in court. Over 1,000 people have been charged with crimes related to the Capitol insurrection to date.

Key Takeaways

• 3 California men associated with "Three Percenter" militia sentenced for Jan 6 roles
• Sentences (21-33 months) significantly lower than 6.5-8 years sought by prosecutors
• Convicted of felony obstruction, other charges related to Capitol breach
• Defendants expressed remorse, judge recognized not all at Capitol were "bad"
• Over 1,000 people charged with crimes related to Capitol insurrection