Jan. 6 Rioter Gets 5 Years’ Probation as Judge Cites Autism Diagnosis
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A 29-year-old Maryland man who federal prosecutors said was one of the first rioters to enter the Capitol on Jan. 6, 2021, was sentenced Wednesday to five years of probation by a federal judge who cited the man’s autism as an extenuating circumstance.
During his statement to the court, the man, Nicholas Rodean, struggled to explain his conduct on Jan. 6. Judge Trevor McFadden of U.S. District Court in Washington asked if he would ever do “something like this” again, according to Politico. “No,” Mr. Rodean replied.
Federal prosecutors had sought a sentence of 57 months in prison. During the attack, they said, Mr. Rodean used a flagpole and a small round object to break two panes of glass in a window, which became the entry point for many rioters.
Mr. Rodean also had a hatchet, which he put away after being asked to by a police officer. Federal prosecutors said that he was the 15th rioter to enter the Capitol and was one of the last rioters to leave.
In handing down a sentence that was lower than the minimum under sentencing guidelines, Judge McFadden attributed Mr. Rodean’s actions to autism spectrum disorder, according to Politico. Mr. Rodean, from Frederick, Md., was ordered to pay $2,048 and spend 240 days of his five years of probation in home detention.
Mr. Rodean had pleaded not guilty on all counts. In July, Judge McFadden found him guilty of the felony offense of destruction of government property and six misdemeanor offenses, including engaging in physical violence in a restricted building or grounds and disorderly conduct in a Capitol building.
Mr. Rodean’s lawyer, Charles Burnham, declined to comment on Wednesday, but in a sentencing memorandum, he wrote, “We submit that Nicholas’ ‘history and personal characteristics’ make this a unique case among the hundreds of prosecutions to come out of that day.”
Isolation during the pandemic caused Mr. Rodean to fixate on online political content, Mr. Burnham said, according to Politico.
“Mr. Rodean is not alleged to be a member of any violent group or to have acted aggressively towards law enforcement,” Mr. Burnham said in the sentencing memorandum.
Mr. Rodean had informed a supervisor at his job that he would miss work on Jan. 6, 2021, to attend a rally for then-President Donald J. Trump. The day after the attack, Mr. Rodean told the supervisor that “it needed to be done,” according to court documents.
Mr. Rodean was photographed standing inside the Capitol alongside Jacob Chansley, the so-called QAnon shaman, who grew notorious for storming onto the Senate floor in face paint and a horned hat.
More than 850 people have been charged in connection with the attack on the Capitol. Nearly 300 people have pleaded guilty, most of whom have been sentenced.
On Monday, Judge McFadden sentenced another Jan. 6 rioter, Hunter Seefried, to two years in prison with one year of supervised release and $2,000 restitution.
In August, a retired New York City police officer, Thomas Webster, an ex-Marine who once served on the protective detail of Mayor Michael R. Bloomberg, received the longest sentence — 10 years — for the attack. Last month, a Nazi sympathizer was sentenced to four years.
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