Micaiah Joseph (U.S. Attorney’s Office).
A Virginia man wearing a tricorn-style hat, gas mask, and body armor who clashed with officers guarding the U.S. Capitol on Jan. 6 is going to prison.
Micaiah Joseph, 34, was sentenced on Tuesday by U.S. District Judge Rudolph Contreras, a Barack Obama appointee, to 37 months — or just over three years — in prison. He was also ordered to pay $2,000 in restitution, the U.S. Attorney’s Office announced in a press release.
Joseph was convicted in June of civil disorder, assaulting officers, trespassing, disorderly conduct and impeding passage through the Capitol grounds or buildings, prosecutors said.
He attended Donald Trump‘s “Stop the Steal” rally and joined a large crowd marching toward the Capitol building.
Joseph, in a tricorn-style hat, gas mask, and body armor, participated in a confrontation against law enforcement at the “tunnel,” the scene of some of the most violent fighting that day.
He pushed to the front of the police line and joined rioters in pushing against police — using a set of doors to leverage his weight against the line.
At the mouth of the tunnel, Joseph turned back inside to engage in another “heave-ho” against the police line before exiting the tunnel at 3:13 p.m.
Joseph was arrested on Jan. 18, 2023, in Virginia.
In their sentencing memo asking for 60 months, prosecutors said Joseph’s conduct was some of the most serious that day at that location.
“Instead of leaving, he turned back into the tunnel and participated in another push against police,” the memo said. “This heave-ho against the police line that crushed MPD Officer Daniel Hodges between the crowd and the door to the tunnel.”
Prosecutors said Joseph testified on his own behalf at the jury trial, admitting he entered restricted grounds but said he saw no violence before he went in. He also said he was not in the tunnel to cause trouble but was trying to protect the police.
Prosecutors said his claims were contradicted by the evidence that showed rioters had been battling police in the area for over an hour by the time he got onto the Capitol grounds, and he wasn’t helping the cops, prosecutors said.
“His self-serving testimony that he protected the police is belied by the video evidence showing Joseph join the crowd to push against the police, and his direct confrontation” with one of the officers, the document said.
The officers he heaved against were in the tunnel for hours and were physically crushed by the rioters for extended periods, court documents said.
“Joseph came to the Capitol on January 6th dressed for battle,” prosecutors said. Despite the signs of violence in the tunnel, Joseph continued to push further inside, and made the decision to return to the front line after taking a respite from the violence. Further, Joseph’s willingness to lie under oath and his continued lack of remorse demonstrates a striking disregard for the law.”
“Joseph’s criminal conduct on January 6th was the epitome of disrespect for the law,” they added.
In his sentencing memo seeking home confinement, two years supervised release, 200 hours of community service, and $2,000 restitution, Joseph’s attorney, Kira West, said her client is a peaceful and hardworking father, brother and son. He was described as bright and well-spoken despite having not gone to college. He went to Washington “concerned about America’s future.”
“He wasn’t there to assault police officers, interrupt Congress or stop the vote,” the memo said. “Mr. Joseph has spoken about his remorse and holds himself accountable for his actions.”
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