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WASHINGTON, D.C. -- A jury found a retired NYPD officer guilty of felony charges related to the Capitol Breach. Defendant assaulted an officer with a flagpole, tackled him, and attempted to remove the officer's helmet and gas mask. A federal jury today found a retired New York Police Department officer guilty of attacking a law enforcement officer with a lethal or
dangerous weapon during the breach of the United States Capitol on Jan. 6, 2021. His and others' activities caused a snarl in a joint session of the United States Congress that was convened to determine and tally electoral votes in the presidential election.
For his acts during the Jan. 6, 2021, Capitol breach, Thomas Webster, 56, of the village of Florida, New York, was found guilty in the District of Columbia of five felonies and one misdemeanor. He was the first person to face accusations of attacking, resisting, or impeding officers with a lethal or dangerous weapon, which constituted a crime.
According to the government's evidence, Webster was among rioters on the other side of metal barricades set up by law enforcement personnel attempting to protect the Lower West Terrace area of the Capitol on Jan. 6, at approximately 2:28 p.m. Webster approached an officer from the Metropolitan Police Department who was behind the metal gates, carrying a large metal flagpole with a crimson US Marine Corps flag. Webster swore at the police, telling him to "take your sh—- off," an apparent encouragement for the cop to take off his badge and fight.
Webster then slammed the metal gate into the officer's torso with force. He hoisted the flagpole and swung it aggressively toward the officer. The officer was able to pull the flagpole away from the officer. Webster, on the other hand, broke past the metal barricade, threw the cop to the ground, and choked him as he attempted to remove his helmet and gas mask. During the attack, the cop had trouble breathing.
On February 21, 2021, Webster was arrested. On September 2, 2022, he will be sentenced.
He was convicted of assaulting, resisting, or impeding officers with a dangerous weapon; obstructing officers during a civil disorder; entering and remaining in a restricted building or grounds while carrying a dangerous weapon; engaging in disorderly or disruptive conduct in a restricted building or grounds while carrying a dangerous weapon; and engaging in physical violence in a restricted building or grounds while carrying a dangerous weapon. He was also found guilty of committing an act of physical violence in the Capitol building or grounds, which constituted a misdemeanor.
The statutory maximum sentence for assaulting, resisting, or impeding officers with a hazardous weapon is 20 years in jail. The statutory maximum sentence for hindering officers during a civil disorder is five years in prison. Entering and lingering, disorderly or disruptive conduct, and physical violence in a restricted facility or grounds while carrying a hazardous weapon are all punishable by up to ten years in prison. Engaging in an act of physical violence in the Capitol building or grounds is a misdemeanor punishable by up to six months in prison. Financial fines may also be imposed as a result of the charges.
The United States Attorney's Office for the District of Columbia and the Department of Justice's National Security Division's Counterterrorism Section are prosecuting the case. The United States Attorney's Office for the Southern District of New York provided invaluable help.
The FBI's Washington Field Office, which designated Webster as AFO #145 on its seeking information images, and the FBI's New York Field Office, Hudson Valley Resident Agency, are also looking into the case. The United States Capitol Police, the Metropolitan Police Department, and the United States Secret Service all gave invaluable support.
Virtually 800 people have been detained in nearly all 50 states for crimes related to the breach of the US Capitol in the 15 months from Jan. 6, 2021, including over 250 people accused with assaulting or hindering law enforcement. The investigation is still going on.
