Former Michigan GOP gubernatorial candidate Ryan Kelley should get three months in prison for his participation in the Jan. 6, 2021, attack on the U.S. Capitol, federal prosecutors argued in a Tuesday night court filing.
Prosecutors outlined Kelley’s actions throughout the day of Jan. 6 2021, and his subsequent social media posts that they say show he shows no remorse for participating in the attack. That day, a violent crowd of rioters broke into the U.S. Capitol building in an attempt to stop the peaceful transfer of power from former President Donald Trump to current President Joe Biden, who won the 2020 election.
Prosecutors are asking for three months in federal prison for Kelley, as well as one year of supervised release, 60 hours of community service and $500 to be paid in restitution. The U.S. Department of Justice estimates that about $2.9 million in losses occurred that day and more than 100 police officers were assaulted.
“Every rioter, whether or not they personally engaged in violence or personally threatened violence, contributed to this harm,” the prosecution’s filing reads.
Kelley did not immediately return a request for comment.
Originally facing four misdemeanor charges, Kelley in July pleaded guilty to entering and remaining in a restricted building or grounds.
Prosecutors submitted photos Tuesday night showing Kelley throughout the day asserting that multiple flash bang grenades exploded near Kelly and he was made well aware he was entering a restricted perimeter during the siege on the U.S. Capitol.
In the past, Kelley has asserted he never entered the Capitol building. Prosecutors say the government hasn’t found any evidence that he ever entered the Capitol.
However, the prosecution submitted several photos of Kelley climbing the scaffolding next to the Northwest stairs, saying he ripped a protective tarp covering the scaffolding.
“Even though his rip of the tarp was relatively modest, it extended an already existing hole in the tarp and widened the opening through which some rioters advanced on the Capitol Building. Rioters overtook police officers at the top of the stairs only minutes after … Kelley’s ripping of the tarp,” the prosecution’s filing said.
In the two hours prosecutors say Kelley remained on restricted Capitol grounds, he waved in rioters to join the crowd in the restricted area, cheering them on.
For two years, Kelley has posted statements on social media “making light” of what happened on Jan. 6, prosecutors argued. They call attention to one Facebook post on Dec. 27, 2021, where Kelley said, “I was in Washington DC on January 6 protesting the government because of the fraudulent 2020 election… doing the right thing.” And they cited another Facebook post on Aug. 12, 2022, in which Kelley wrote, “I did nothing wrong” on Jan. 6.
As part of Kelley’s plea agreement, he faced up to six months in federal prison, prosecutors are asking for three months and imploring the judge not to sentence beneath that amount of time.
Kelley is scheduled for sentencing on Oct. 17.
Originally published by Michigan Advance. It is republished with permission.
Subscribe to Metro Times newsletters.
Follow us: Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter
