Capitol rioter Mark Simon, who pleaded guilty to a misdemeanor in August, is asking a federal judge for leniency because he was not sober at the time of the insurrection.
The charge of "parading, demonstrating or picketing in a capitol" carries a penalty of up to six months in prison. However, Simon is asking for probation, according to NBC News investigative reporter Scott MacFarlane.
"I am deeply sorry and regret my actions on the day of Jan. 6," Simon wrote in a letter to the judge. "Unfortunately, I was under the influence of drugs and alcohol that day. I probably would not have made the decision to go to DC if I were sober at the time."
Simon, from Huntington Beach, California, said he's had a problem with drugs and alcohol since he was young. He went to a treatment program in 1998 and stayed sober until 2016.
"During the time that I was sober, I got married, had 2 children an (sic) started and maintained a successful air conditioning business," he wrote. "I relapsed in 2016 after my divorce. And I made series of bad decisions since then. Including supporting Donald Trump and going to the Capital (sic) on January 6th."
Simon violated his probation from a previous California charge when he participated in the insurrection. As a result, he served 90 days in jail earlier this year. But he said he's been sober since he was went into custody on Feb. 25.
The Orange County Register reported that Simon was first linked to the Capitol insurrection thanks to a since-deleted blog post saying "Storm the Capitol for Trump!" and showing him with a woman in Washington.
"Local law enforcement officials helped identify Simon for their federal counterparts, describing him as a 'known activist' in Huntington Beach," the newspaper reported. "Simon videotaped himself saying, 'In the Capitol, baby, yeah!' and '2021 Donald Trump!' as he joined a group of people who were pushing their way into the building, according to a description of the recording in court filings."
Simon's video reportedly captured alarms sounding in the building, broken glass visible on adjacent doors and law enforcement attempting to remove people from the area, according to an FBI agent.
"During an earlier hearing, a prosecutor told a magistrate judge that Simon’s live-in girlfriend went with him to the Capitol and could potentially face charges," according to the Orange County Register. "There is no indication in court records that she has since been charged in connection to the Jan. 6 event."
Simon's sentencing is set for Dec. 7.
A Texas woman who allegedly pointed a gun at a mother and her six-month-old baby during a parking dispute has been arrested.
"Rossie Dennis, age 60, was arrested in Corpus Christi, Texas on Tuesday for aggravated assault with a deadly weapon after cops identified her as the person captured on a viral cellphone video pointing a handgun at a woman during a dispute over a parking spot at a grocery store," Law & Crime reports.
In the wake of the incident, which reportedly occurred outside an HEB grocery store, social media users alleged that the woman in the video pointed the gun at a woman who had her six-month-old baby with her in the car.
Corpus Christi police did not confirm that there was a baby in the car, but they said in a statement that Dennis "pointed a handgun at the victims" — plural — "and made a threat to shoot them."
When officers arrived at the scene on Nov. 24, they "were advised that a disturbance occurred in the parking lot over a parking space,” according to police.
"Officers were able to identify the female from video captured by one of the victims," the department said in the statement.
Dennis' bond was set at $50,000, according to the local CBS affiliate. Watch the report below.
On Wednesday, NBC4 Washington's Scott MacFarlane reported that Jacob Lewis, a Victorville, California man charged in his involvement in the January 6 Capitol attack, is requesting that court allow him to travel to Cancun, Mexico to attend a wedding.
"His current conditions of pre-trial release do not allow his [sic] to travel outside the United States," wrote his counsel in the filing. "Mr. Lewis would travel from December 19th through December 22nd and would provide his Probation Officer with details regarding his flights and lodging in Mexico."
ADD: Jan 6 defendant seeks permission for a Christmas week trip to Cancun.. to attend a weddingpic.twitter.com/JDKNOJ6HZ2— Scott MacFarlane (@Scott MacFarlane) 1638410100
According to the Justice Department, Lewis is charged with Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; Violent Entry and Disorderly Conduct in a Capitol Building; and Parading, Demonstrating, or Picketing in a Capitol Building.
As MacFarlane noted, several defendants in January 6th cases have made similar requests, with some seeking to attend family reunions around the country, an antique car show in Arkansas, a beach vacation in Alabama, and multiple trips to Mexico.