California man sentenced to 6.5 years in federal prison for attacking police on Jan. 6.
A California construction contractor who played a role in the events of January 6, 2021, at the U.S. Capitol has been sentenced to 6.5 years in federal prison. Sean Michael McHugh, 36, of Auburn, Calif., was also sentenced to three years of supervised release and ordered to pay a $5,000 fine and $2,000 in restitution to the Architect of the Capitol.
Mr. McHugh was found guilty in April 2023 of obstruction of an official proceeding and entering and remaining in a restricted building or grounds with a dangerous or deadly weapon. Both charges are felonies.
Mr. McHugh deployed a can of SABRE Frontiersman Bear Attack Deterrent spray from a holster on his belt, resulting in the deadly-weapon charge. Bear spray is a more potent formula than the pepper spray typically carried by law enforcement officers.
Mr. McHugh was arrested on May 27, 2021, and charged in a superseding indictment in November 2021 with eight criminal counts. Only counts 4 and 5 were included in the partially stipulated trial.
In a stipulated trial, both sides agree to a set of facts, and the judge renders a verdict based solely on those facts. No witnesses appear, and no oral arguments are made.
Federal prosecutors recommended a harsher sentence for Mr. McHugh, but his defense attorney argued for a shorter prison term. Mr. McHugh was listed as No. 59 on the FBI’s Jan. 6 “seeking information” page.
Defense attorney Joseph W. Allen asked for a 24-month prison term followed by three years of supervised release. Mr. McHugh has been jailed in pretrial detention for 27 months.
Mr. McHugh was part of a large, vocal, and violent crowd on the west plaza of the Capitol. During the events, rioters threw objects at police, who responded with force.
Metropolitan Police Department bodycam video shows Mr. McHugh berating police using a bullhorn.
“We didn’t cheat the election,” he said at 1:31 p.m. “You guys like protecting pedophiles? You know? You guys like protecting [expletive] chomos? You guys like doing that?” Chomo is an urban slang term meaning child molester.
High above the crowd, the mysterious and still-unidentified man known only by the hashtag #ScaffoldCommander encouraged the crowd to escalate the situation.
Aimed Bear Spray
At about 1:11 p.m., prosecutors said, Mr. McHugh used bear spray on the police line, forcing several officers to retreat. He later boasted about it on social media.
At 1:40 p.m., Mr. McHugh pushed a large Trump banner towards the police, urging others to put it up. Prosecutors argued that Mr. McHugh had planned and bragged about his actions.
In December 2020, Mr. McHugh posted on Facebook about his intentions to protest in Washington. His defense attorney argued that his actions were a reaction to the riot tactics used by law enforcement.
Mr. McHugh came to Washington to protest what he believed to be an unlawful and corrupt election result.
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