NYPD veteran convicted of assaulting officer in Capitol riot

WASHINGTON (AP) — A federal jury on Monday convicted a New York Police Division veteran of assaulting an officer during the U.S. Capitol riot, rejecting his claim that he was defending himself when he tackled the officer and grabbed his gas masks.

Thomas Webster, a 20-year NYPD veteran, was the primary Capitol riot defendant to be tried on an assault charge and the primary to present a jury with a self-defense argument.

Jurors deliberated for lower than three hours earlier than they convicted Webster of all six counts in his indictment, including a cost that he assaulted Metropolitan Police Division officer Noah Rathbun with a harmful weapon, a steel flagpole. The assault cost alone is punishable by as much as 20 years in jail, though sentencing guidelines possible will recommend a considerably shorter prison term.

Webster, 56, testified that he was making an attempt to guard himself from a “rogue cop” who punched him in the face. He also accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or pick a battle with Webster as a violent mob attacked the Capitol on Jan. 6, 2021, disrupting Congress from certifying Joe Biden’s 2020 presidential election victory over then-President Donald Trump.

Two jurors who spoke to reporters after the verdict stated videos capturing the officer’s assault from a number of angles were essential proof rebutting Webster’s self-defense argument.

“I suppose we have been all shocked that he would even make that protection argument,” stated a juror who spoke on condition of anonymity. “There was no dissention amongst us at all. We unanimously agreed that there was no self-defense argument here in any respect.”

One other juror, who additionally spoke on situation of anonymity, mentioned Webster’s self-defense declare “simply didn’t stack up.”

U.S. District Judge Amit Mehta is scheduled to condemn Webster on Sept. 2.

Webster’s jury trial was the fourth for a Capitol riot case. The primary three defendants to get a jury trial also had been convicted of all fees in their respective indictments. A judge decided two different instances with no jury, acquitting one of many defendants and partially acquitting the opposite.

Webster, who wore a mask in court, showed no apparent reaction to the verdict.

“We’re disillusioned,” protection legal professional James Monroe stated after the verdict, “however we acknowledged from the beginning that people here (in Washington, D.C.) had been quite traumatized by what transpired on Jan. 6. And I feel we noticed a few of this expressed at present.”

Prosecutors asked for Webster to be detained, however the choose agreed to let him remain free till his sentencing. He’ll proceed to be monitored with an ankle bracelet. The judge mentioned it was a “shut name” whether or not to jail him immediately but noted that he has complied with present circumstances of launch and doesn’t have any prior convictions.

Webster drove alone to Washington from his residence close to Goshen, New York, on the eve of the Jan. 6 “Stop the Steal” rally. He was carrying a bulletproof vest and carrying a U.S. Marine Corps flag on a metal pole when he approached the Capitol, after listening to Trump tackle 1000's of supporters.

Webster mentioned he went to the Capitol to “petition” lawmakers to “relook” at the outcomes of the 2020 presidential election. But he testified that he didn’t intend to intrude with Congress’ joint session to certify the Electoral School vote.

Rathbun’s body digicam captured Webster shouting profanities and insults earlier than they made any physical contact. Webster mentioned he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of motorcycle racks.

The body digicam video exhibits that Webster slammed one of many bike racks at Rathbun before the officer reached out with an open left hand and struck the appropriate aspect of Webster’s face. Webster said it felt as though he had been hit by a freight practice.

“It was a tough hit, and all I needed to do was defend myself,” Webster stated.

Rathbun said he was trying to move Webster back from a safety perimeter that he and different officers were struggling to take care of.

After Rathbun struck his face, Webster swung a steel flag pole on the officer in a downward chopping motion, hanging a motorcycle rack. Rathbun grabbed the broken pole from Webster, who charged on the officer, tackled him to the bottom and grabbed his gasoline masks.

Rathbun testified that he started choking because the chin strap on his gasoline mask pressed towards his throat. Webster stated he grabbed Rathbun by the gas mask because he wished the officer to see his palms.

Rathbun reported a hand injury from a separate encounter with a rioter inside the Capitol. He didn’t report any accidents brought on by Webster, but jurors noticed pictures of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster faced counts of assaulting, resisting or impeding an officer utilizing a harmful weapon; civil dysfunction; entering and remaining in restricted grounds with a harmful weapon; disorderly and disruptive conduct in restricted grounds with a harmful weapon; engaging in physical violence in restricted grounds with a dangerous weapon; and engaging in an act of physical violence on Capitol grounds.

Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg’s personal safety element. He served in the U.S. Marine Corps from 1985 to 1989 before joining the NYPD in 1991.

More than 780 individuals have been charged with riot-related federal crimes. The Justice Department says greater than 245 of them have been charged with assaulting or impeding law enforcement. Greater than 100 officers were injured.

Two other defendants testified at their trials. Dustin Byron Thompson, an Ohio man who was convicted by a jury of obstructing Congress from certifying Biden’s presidential victory, mentioned he was following orders from Trump. A choose listening to testimony with out a jury acquitted Matthew Martin, a New Mexico man who stated outnumbered cops allowed him and others to enter the Capitol by means of the Rotunda doors.

Two riot defendants didn’t testify at their trials before jurors convicted them of all charges, including interfering with officers. One among them, Thomas Robertson, was an off-duty police officer from Rocky Mount, Virginia. The other, Texas resident Guy Wesley Reffitt, additionally was convicted of storming the Capitol with a holstered handgun.

U.S. District Choose Trevor McFadden, a Trump nominee who acquitted Martin of all prices, additionally presided over a bench trial for New Mexico elected official Couy Griffin. McFadden convicted Griffin of illegally coming into restricted Capitol grounds but acquitted him of participating in disorderly conduct.