A Capitol rioter is seeking to avoid jail time — arguing in a motion filed Sunday that he "did not contemplate defecating on anyone's desk."
The Department of Justice is requesting a four-month jail term for Derek Jancart, who has pleaded guilty and is set to become the first military veteran sentenced in connection with the Jan. 6 insurrection on Wednesday.
Jancart's attorney — A. Eduardo Balarezo — is instead asking for a sentence of 24 months of probation.
"Mr. Jancart's conduct is undisputed," Balarezo wrote in the defense's sentencing memo Sunday. "He did not engage in any violence; did not break anything; did not confront or fight with police. He did not enter any offices; did not enter the House or Senate floor; he did not take any 'souvenirs;' did not contemplate defecating on anyone's desk; did not yell that 'we have the police surrounded!'; did not have a pickaxe with him; did not yell 'traitors gonna hang!'; did not yell 'go, go, go!' when police lines were breached. He also was not affiliated with any organized or extremist group. He did mill about the Capitol building taking pictures and left when told to do so."
Balarezo was responding to prosecutors' sentencing memo, in which they said Jancart's co-defendant, Erik Rau, "admitted to hearing rioters in the Speaker's conference room discussing breaking into glass cabinets and taking everything in it and hearing a rioter screaming to 'sh*t on her desk.'"
"(Jancart and Rau) walked past the shattered glass and penetrated the U.S. Capitol until they arrived at Speaker Pelosi's conference room where Rau overheard another rioter shouting to 'sh*t on her desk,'" the DOJ memo states. "They were undeterred by other rioters shouting, 'sh*t on her desk' and instead continued even further into the U.S. Capitol until they encountered police officers who specifically told them to leave and, based on video footage, physically placed a hand on Erik Rau in order to escort him out of the building."
Prosecutors also said they consider Jancart's military service to be an aggravating factor in the case.
"While Jancart's military service is laudable, it renders his conduct on January 6 all the more egregious," they wrote. "As a former military member, Jancart was well aware that taxpayer status does not bestow upon a person the right to enter restricted government buildings. His voluntary decision to storm a guarded government building is nothing short of shocking in light of his former military service and training."
Politico reported last week that prosecutors' sentencing memo in the case is significant given that Jancart is one of "dozens of military veterans and retired service members, current and retired police officers, and even a few security-clearance holders" charged in the insurrection.
"In the case of Jancart and Rau ... prosecutors say they came to Washington prepared for potential violence — Jancart brought a gas mask and Rau brought kevlar-lined gloves — and were among the first to breach the building, emboldening others to follow suit," Politico reported. "They delved deeper into the building, stepping past broken glass, and ignoring alarms and tear gas. In addition, after the riot, the pair celebrated their actions on social media. Jancart defended his actions when interviewed by law enforcement, suggesting that his status as a taxpayer gave him the right to enter the building."