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  • Writer's pictureSam Orlando

From Bear Spray to Probation: Unconventional Outcome in Capitol Rioter's Sentencing

Written by: Sam Orlando

WASHINGTON, DC — In a departure from the expected, a federal judge nominated by former President Donald Trump handed down a lenient sentence to a man involved in the January 6th attack on the U.S. Capitol. U.S. District Judge Trevor McFadden chose not to impose the prison term requested by prosecutors, citing the defendant's relatively minor role in the incident.

Tyler Bensch, who pleaded guilty to two misdemeanor counts related to the riot, was sentenced to two years of probation and 60 days of home incarceration. Prosecutors had sought a nine-month prison sentence for Bensch.

During the sentencing hearing, Judge McFadden acknowledged that Bensch participated in a national embarrassment and arrived prepared for trouble. However, the judge deemed Bensch's involvement as "pretty minor" compared to others and considered his age as a mitigating factor. At the time of the attack, Bensch was only 19 years old.

"I am giving you this break because of your age," Judge McFadden explained, adding that the incident should not define Bensch or his life. The judge also took into account Bensch's lack of criminal history.

Bensch had admitted to disorderly and disruptive conduct on restricted grounds, as well as theft of government property. He confessed to helping carry a stolen police shield from the Capitol grounds and deploying a chemical irritant spray, identified as bear spray, against another rioter. Bensch did not speak during the sentencing hearing, but his attorney emphasized his client's remorse and desire to pursue a career in law enforcement.

The leniency shown in Bensch's case has sparked a debate surrounding the sentencing of January 6th defendants. Critics argue that such lenient sentences may undermine the severity of the attack and fail to hold individuals accountable for their actions. However, proponents of the judge's decision highlight Bensch's young age, lack of criminal history, and potential for rehabilitation.

It is worth noting that Bensch's case prompted a self-proclaimed FBI whistleblower, Steve Friend, to share his concerns with Republican members of Congress. Friend, who refused to transport Bensch, raised questions about the charges brought against January 6th defendants and testified before the GOP-led House Select Subcommittee on the Weaponization of the Federal Government.

As the investigation and prosecution of the January 6th attack continue, more than 1,000 people have been charged, with over 300 individuals sentenced to periods of incarceration. The sentencing disparities and differing judicial outcomes in these cases continue to be closely scrutinized.

The case of Tyler Bensch reflects the ongoing complexities and challenges faced by the legal system as it navigates the fallout from the assault on the U.S. Capitol. As more defendants appear before the courts, the debate over appropriate sentencing for their actions remains a contentious issue.

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Barros Serrano
Barros Serrano
03 aug. 2023

This miscreant was attempting to overthrow an election, was in the company of people carrying swastikas, and a party to intense violence and vandalism. He deserves at least 10 years in prison.

Clearly any Trumpo-appointed judge should recuse themselves in such a case. But... RepubliQans care nothing for justice, only their own fascist power.

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