A Jan. 6 rioter who threatened Rep. Alexandria Ocasio-Cortez on social media after participating in the attack on the Capitol was sentenced Wednesday to 38 months in prison.
Prosecutors had asked for a sentence of 48 months in prison for Garret Miller, an unemployed Texan who, they noted, was wearing a T-shirt bearing former President Donald Trump’s picture and the words “I was there, Washington, D.C., January 6, 2021″ when he was arrested weeks after the attack.
Miller’s defense lawyer had asked for a sentence of 30 months, which would essentially be time served since he’s been locked up since his late January 2021 arrest.
The feds said the higher sentence was warranted, in part because of his threat to Ocasio-Cortez.
The New York Democrat had tweeted the word “impeach” after the Capitol riot, to which Miller responded, “assassinate AOC.”
Miller pleaded guilty to 11 of the counts against him, including “assaulting, resisting or impeding” officers during the riot, “interstate threat to injure or kidnap” for his Ocasio-Cortez threat, and “entering or remaining in a restricted building” – the Capitol.
“Despite an otherwise law-abiding life, on January 6, 2021, Miller had no respect for the law. He went to the Capitol to take over the building, stop the certification, and terrorize both lawmakers and the law enforcement officers protecting them,” prosecutors said in their sentencing memo to the judge. “He threatened the life of a Congresswoman. And then he went home [and] bragged about his attack on the Capitol,” the filing said.
In addition, Miller “openly discussed his desire to doxx the officer” who shot fellow rioter Ashli Babbitt and “hug his neck with a nice rope,” the filing said.
Miller’s lawyer, F. Clinton Broden, countered in court filings that while his client “did make the tweet responding to Congresswoman Ocasio-Cortez and engaged in the vile private messenger chat regarding the Capitol Police Officer he believed killed a protestor, there is no indication that he made any effort whatsoever to actually harm anybody (in fact, every indication is to the contrary).”
In a letter to the judge, Miller apologized for his role in the riot and the threatening posts. “It was unnecessary, barbaric, and disrespectful. I was proud, arrogant, and acted in anger. I needed to be humbled. My social media posts were disgusting and a complete embarrassment,” he wrote.
Broden said his client was remorseful and had fallen victim to the “various election conspiracy claims that spread on the internet like a plague while he was unemployed.”
Prosecutors questioned the Richardson, Texas man’s level of remorse, and noted that while he did eventually plead guilty to the five felony and six misdemeanor counts against him, he pled to some of the charges on the eve of his trial in December and to the remaining charges after the trial started.
They also noted he signed a letter in September of last year along with other Jan. 6 detainees complaining they were “Political Prisoners on American soil who have been unjustly and unfairly incarcerated.”
“It is clear he has no remorse and does not believe he committed any crimes,” their filing said.
Broden said his client had suffered enough.
“As a result of his actions, Mr. Miller has already served approximately 25 months confinement — most of it under very difficult conditions — and will forever be a felon,” he wrote.
Daniel Barnes contributed.
Source: | This article originally belongs to Nbcnews.com
