Wagner
A Greenwood man involved in the U.S. Capitol riots in January has accepted a plea agreement in federal court.
Joshua Wagner, 23, of Greenwood, pleaded guilty to demonstrating or picketing in the U.S. Capitol building before a federal judge on Friday. He will face a maximum sentence of six months in federal prison and a fine of up to $5,000.
Following the riots on Jan. 6, a photo of Wagner from social media was featured as “#34” on the FBI “Be On the Look Out” poster of individuals involved in the Capitol insurrection. In the photo, he is shown wearing a red beanie bearing “TRUMP” across the front, according to court documents filed in the U.S. District Court for the District of Columbia.
Three days later, Wagner turned himself into law enforcement. Upon further investigation, including speaking with several witnesses, the FBI confirmed Wagner’s involvement.
The FBI interviewed one witness who said they received messages, photos and videos from Wagner before, during and after the Capitol riots.
The FBI also investigated Wagner’s Facebook page, and matched his profile picture to the photo from inside the Capitol, court documents said. He posted several times about contesting the election and protesting in Washington, D.C., including one post from Wagner asking, “Anyone going to D.C. on the 20th?”
Federal prosecutors charged Wagner in May with entering and remaining inside a restricted building, willfully engaging in disorderly conduct inside a restricted building which impedes the conduct of government, disruptive conduct and violent entry in the Capitol building and parading, demonstrating or picketing in the Capitol building, according to court documents.
He pleaded not guilty to all four charges at the time. As part of the agreement, the first three charges will be dismissed, court documents show.
Wagner also agreed to let officials look at his social media posts in relation to the events on and around Jan. 6, examine his cellphone and take part in an interview with officials about the incident. He will also have to pay $500 in restitution to the architect of the U.S. Capitol for damages.
He also agreed to sign a statement stipulating to his actions on Jan. 6, including videos that showed him observing officers protecting the U.S. Capitol and saying, “That’s treason right there.” In another video, he was heard telling other rioters to hold their positions, saying they would lose their ground if they kept moving back. He also said they will “occupy this ground for as long as we can,” according to court documents.
Wagner was arrested in January with another man, Israel Tutrow, 22, of Greenfield, after images and witnesses told the FBI he and Wagner traveled to Washington, D.C. together in January.
Tutrow accepted a plea agreement last month on the same charge, and will face the same sentencing guidelines. He will also have to pay $500 in restitution to the architect of the U.S. Capitol for damages.
Wagner signed the plea agreement on Nov. 1, and will be back in court on Feb. 11 for sentencing.
