Background: Charles Himber, circled in yellow. Inset: Himber’s selfie inside U.S. Capitol during Jan. 6 riot (DOJ).
A Louisiana man who defied cops by breaking into the U.S. Capitol during the Jan. 6 riots, then tried to claim he was never inside, will spend the next few months in prison.
Charles Tyler Himber, 30, pleaded guilty to felony obstruction of law enforcement in July, the U.S. Attorney’s Office for the District of Columbia said in a press release. On Thursday, U.S. District Judge Loren L. AliKhan, a President Joe Biden appointee, sentenced Himber to four months in prison, 36 months of probation and $2,000 in restitution.
“Although he has pleaded guilty and accepted responsibility for his criminal conduct on January 6, he has yet to express any remorse, an entirely different thing,” prosecutors wrote in his sentencing memorandum.
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Wearing body armor and an American flag scarf, Himber joined thousands of Donald Trump supporters protesting Congress certifying Biden’s 2020 Electoral College win. After the “Stop the Steal” rally, Himber went to the Capitol and passed through the restricted perimeter, filming himself while he went, officials said.
As Law&Crime previously reported, on the east side of the Capitol, he and other rioters allegedly tried to push past police. At one point, Himber screamed, “Let us in!” authorities said.
Minutes later, at 3:21 p.m., Himber and a group moved past police, got in and pushed their way inside the Capitol. Prosecutors said he and others pinned officers against the side walls which posed “enormous danger” to the cops.
“As seen from the video in this moment, there was a gap between Himber and the rioters behind him. In other words, Himber was not pushed himself, and decided to engage in this civil disorder of his own volition,” prosecutors said.
Police surrounded Himber and others and escorted them out. Before he left, though, Himber took part in a group selfie, court documents said.
He also threatened a journalist whom another rioter said worked for CNN, saying “You’re not f—ing safe,” the government wrote.
Himber wrote of his exploits on social media.
“Storm in Capitol Hill is a go … drain the swamp manually … Evacuating Capitol Hill pushing back,” authorities said one post read.
His Facebook posts saying, “We’re in” and “Making history” on Jan. 6, 2021, brought him to the attention of the FBI, court documents said.
In an interview with FBI agents on May 12, 2021, Himber said he traveled to Washington to attend the rally but claimed that his Facebook post saying, “We’re in,” was made when he heard that others had entered the Capitol, officials said.
“He added that he did not enter the restricted area in or around the Capitol,” court documents said. “This, as shown above, was false.”
In another interview on Aug. 31, 2023, he told an agent he went to Washington on Jan. 5 but denied entering the Capitol the next day, authorities said.
“When shown a picture of himself in the building, however, Himber recanted, and said that he entered the building, but had been pushed into the crowd, and was only there for a second before being immediately escorted out of the building,” court documents said.
The government said Himber has had “persistent run-ins with the law” with prior arrests including disturbing the peace. Prosecutors had asked the judge for an 11-month jail sentence.
Jason Kandel contributed to this report
