An Arkansas man who propped his feet on a desk in then-House Speaker Nancy Pelosi’s office in a widely circulated photo from the US Capitol riot was sentenced Wednesday to more than four years in prison - after a judge dismissed his claim of being a passive participant in the mob.
Richard “Bigo” Barnett became one of the faces of the January 6 riot by supporters of then-President Donald Trump, and US District Judge Christopher Cooper said in announcing that sentence that Barnett seemed at times to enjoy the notoriety.
“All the folks who follow ‘Bigo’ need to know the actions of January 6 cannot be repeated without some serious repercussions,” Judge Cooper said, alluding to the media attention and social media following Barnett attracted after the riot.
The 54-month sentence for Barnett, a retired firefighter from Gravette, Arkansas, comes after he was convicted at trial on eight counts, including felony charges of civil disorder and obstruction of an official proceeding, in this case a 6 January 2021 session of Congress to certify Joe Biden's victory over Mr Trump in the 2020 presidential election.
The photos of Barnett lounging at a desk in Ms Pelosi’s office made him one of the most memorable figures from the riot. Barnett, 63, testified he was “going with the flow” and struck a pose after news photographers told him to "act natural."
He told the judge that joining the riot was “an enigma my life” that he regretted, but said prosecutors wanted him to be “remorseful for things I did not do."
“January 6 was a traumatic day for everyone, not just law enforcement,” he said. He has vowed to appeal his conviction. He testified at trial that he was swept along with the crowd into the Capitol, and was looking for a bathroom when he unwittingly entered Ms Pelosi’s office and encountered two news photographers.
Judge Cooper, though, said he did not believe Barnett played such a passive role.
“You were an active participant,” he said.
It was established at trial that Barnett brought into the Capitol a stun gun with spikes, concealed within a collapsible walking stick. Barnett also took a piece of Ms Pelosi's mail and left behind a note that said, “Nancy, Bigo was here,” punctuating the message with a sexist expletive.
Before leaving Capitol grounds, Barnett used a bullhorn to give a speech to the crowd, shouting, “We took back our house, and I took Nancy Pelosi’s office!” according to prosecutors.
Prosecutors also said Barnett has since posted “falsehoods” on social media about January 6 and downplaying his role. “The defendant still believes he can say or do whatever he wants and if someone else is threatened by it, that’s their problem,” prosecutor Alison Prout said.
Defence attorney Jonathan Gross said Barnett didn't hurt anyone or damage property, and was being singled out because the photo had made him famous.
“Mr Barnett should not be punished because the government thinks he's a symbol,” he said.
Judge Cooper’s sentence fell short of the approximately seven years prosecutors sought, though it was more than defence attorneys' request for a 12-month term.
More than 1,000 people have been charged with federal crimes related to the Capitol riot. Just over 500 of them have been sentenced. More than half have received prison terms ranging from a week to over 14 years.
Also sentenced Wednesday was Robert Morss of Glenshaw, Pennsylvania. He got more than five years in prison after being convicted on three counts. Prosecutors say Morss dressed in fatigues and tried to take a baton from an officer, as well as shields, while working to organize members of the crowd to push past Capitol guards.
