WASHINGTON — A federal appeals court on Tuesday upheld a retired New York Police Department officer’s conviction and 10-year prison sentence for assaulting a police officer during the Jan. 6, 2021, siege at the U.S. Capitol.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit rejected Thomas Webster’s claims that he was convicted by a biased jury.
Webster, a 20-year NYPD veteran, argued that the entire jury pool in Washington, D.C., was “presumptively prejudiced” against him. But the panel found no evidence that the jury pool had any preconceived notions about Webster, “or even knew who he was.”
Jurors rejected Webster’s claim that he was defending himself when he tackled Metropolitan Police Department officer Noah Rathbun and grabbed his gas mask. They convicted Webster of all six counts in his indictment, including a charge that he assaulted Rathbun with a dangerous weapon, a flagpole.
Webster drove to Washington from his home near Goshen, New York, to attend then-President Donald Trump‘s “Stop the Steal” rally near the White House on Jan. 6. Webster was wearing a bulletproof vest and carrying a Marine Corps flag on a metal pole when he joined the mob that stormed the Capitol.
Trump nominated two of the three judges who decided Webster’s appeal.
The appellate court panel said Webster hadn’t shown that the jury pool in Washington was “structurally incapable” of producing fair juries for Capitol riot defendants.
“Webster asserts that the District overwhelmingly voted for President (Joe) Biden and historically votes for Democratic candidates,” the ruling says. “That may be. But the political inclinations of a populace writ large say nothing about an individual’s ability to serve impartially in adjudicating the criminal conduct of an individual.”
Webster’s 10-year prison sentence is one of the longest among hundreds of Capitol riot cases. He was the first Jan. 6 defendant to be tried on an assault charge and the first to present a self-defense argument.
Over 850 people have been sentenced for Capitol riot convictions. Only 10 of them have received a longer prison sentence than Webster, according to an Associated Press review of court records.
The panel rejected his argument that the length of his sentence was “substantively unreasonable” compared to other Capitol riot defendants.
A retired NYPD officer who participated in the Capitol riot on January 6, 2021, has had his 10-year prison sentence upheld by an appeals court. The former officer, Thomas Webster, was convicted of assaulting a police officer with a dangerous weapon during the violent attack on the U.S. Capitol.
Webster’s case has drawn national attention as one of the first instances of a law enforcement officer being held accountable for their role in the deadly insurrection. The appeals court’s decision to uphold his sentence sends a strong message that those who participated in the attack will face serious consequences for their actions.
During the riot, Webster was captured on video wielding a metal flagpole and using it to strike a police officer who was trying to defend the Capitol. The assault was just one of many violent acts committed by rioters that day, which resulted in multiple injuries and the deaths of several individuals.
In sentencing Webster to 10 years in prison, the judge cited the seriousness of his actions and the need to deter others from engaging in similar acts of violence. The appeals court agreed with this assessment, stating that Webster’s conduct was “egregious” and warranted a lengthy prison term.
The case has sparked debate about the role of law enforcement officers in the Capitol riot and raised questions about how to prevent similar incidents in the future. Some have argued that the leniency shown to police officers who participated in the attack could embolden others to engage in similar acts of violence.
However, others have praised the courts for holding Webster accountable for his actions and sending a clear message that no one is above the law. The decision to uphold his sentence serves as a reminder that those who engage in violent attacks on our democracy will be held responsible for their actions.
As the investigation into the Capitol riot continues, more individuals who participated in the attack are likely to face legal consequences for their actions. The case of Thomas Webster serves as a cautionary tale for anyone considering engaging in similar acts of violence in the future.
