Capitol rioter who participated in 'pivotal' breaches sentenced to 45 months in prison

WASHINGTON (CN) — A Capitol rioter who prosecutors say participated in 12 of the most “pivotal” breaches during the attack on the U.S. Capitol on Jan. 6, 2021, was sentenced to 45 months in prison Friday.

Leo Bozell IV, 44, received the nearly 4-year sentence for leading rioters through multiple police lines outside the building, through the Senate Wing doors, the East Rotunda doors and into the Senate gallery and onto the Senate floor.

Bozell initially faced a potential sentence between 10 and 27 years, according to the Justice Department’s sentencing memorandum, in part due to a terrorism enhancement that was applied to a felony destruction of property charge.

U.S. District Judge John Bates declined to apply the enhancement, noting that Bozell and his conduct was far afield from the sort of actions that come to mind when thinking about terrorism. But he emphasized that while Bozell may not reach the level of terrorist, his conduct was far from admirable.

“Not for a moment should Jan. 6 rioters be considered true patriots,” Bates said as he passed down the sentence. “They are not political prisoners, not hostages, they are merely receiving the consequences of their actions.”

The George W. Bush appointee explained his decision not to apply the enhancement, saying that Bozell’s conduct did not seem to match the actions taken by the only other five Jan. 6 defendants to receive the enhancement, each of whom were members of the far-right Proud Boys.

Enrique Tarrio, ex-leader of the Proud Boys, was sentenced to 22 years. His lieutenants Ethan Nordean, Jospeh Biggs, Zachary Rehl, Dominic Pezzola and Charles Donohoe received 18 years, 17 years, 15 years, 10 years and 40 months, respectively.

Justice Department prosecutor Ashley Akers argued that Bozell’s conduct was most comparable to Pezzola’s, who used a stolen police shield to break a window and allowed the first rioters to enter the building.

Between 2:00 p.m. and 2:49 p.m., Bozell participated in and led multiple key breaches, including at the Senate Wing doors, where he used an unidentified solid metal object to shatter a windowpane, according to the DOJ’s sentencing memorandum.

Once inside, Bozell broke away from the mob, entering different rooms, including former Speaker Nancy Pelosi’s office, before rejoining rioters at the East Rotunda doors, where he helped force them open to allow hundreds of rioters to enter the building.

Bozell then made his way to the Senate chamber, pushing through another police line, and was one of the first rioters to enter — described by Akers as “occupying the Senate floor.” He directed the rioters in the Senate gallery to turn nearby C-SPAN cameras down to prevent them recording their actions, spending another hour walking through the building before being pushed out by officers.

In a statement to the court, Bozell apologized for his actions, to police officers, the court and his family. Bozell is the son of prominent conservative actives Brent Bozell III, the founder of the Media Research Center, Parents Television Council and other conservative media organizations.

“I don’t know what happened that day and I can’t apologize enough,” Bozell said. “I put a stain on our name, my actions are the most public display of this family.”

Bates convicted Bozell at a bench trial in September 2023 on 10 counts of obstruction of an official proceeding, destruction of government property, civil disorder, resisting officers, entering a restricted building, disorderly conduct in a restricted building, disorderly conduct in the Capitol, physical violence in the Capitol and demonstrating in the Capitol.

During Friday’s proceedings, Bates held a brief bench trial on one of Bozell’s two destruction of property charges after the Justice Department conceded one of the windowpanes he smashed was valued under $1,000, the threshold required for a felony charge.

The actual value was $824, so Bates lowered the charge to a misdemeanor.

Bates ordered Bozell pay $4,729 in restitution, adding the $824 to another windowpane, $1,905, along with the standard $2,000 levied against Jan. 6 defendants for the overall damage to the building.

While passing down the sentence, Bates said he considered the possibility that the Supreme Court could overturn Section 1512 — obstruction of an official proceeding — in Fischer v. United States , but noted that the high court’s decision would not change the sentence.

He also said he weighed the D.C. Circuit’s decision in March that a sentencing enhancement for interfering with the administration of justice was not applicable to the certification of the 2020 election results. He cited the decision as part of the reason he ordered a sentence well below the government’s request.

In the 40 months since Jan. 6, more than 1,424 defendants have been charged in connection to the riot, with approximately 884 people being sentenced to prison for their actions.

Follow @Ryan_Knappy