Wagner
WASHINGTON — A Greenwood man who admitted to illegally entering the U.S. Capitol during the Jan. 6, 2021 insurrection was sentenced to a short prison term Friday.
Joshua Wagner, 24, was sentenced Friday to 30 days in federal prison and will have to pay $500 in restitution to the architect of the U.S. Capitol for damages. He previously pleaded guilty in November to a charge of demonstrating or picketing in the U.S. Capitol building.
Federal prosecutors say Wagner traveled to Washington, D.C. with a friend, Israel Tutrow, of Greenfield, to attend a rally hosted by Former President Donald Trump on Jan. 6, 2021. Wagner, Tutrow and another person arrived in Washington after the rally had concluded, so they decided to join a group of people walking toward the U.S. Capitol. Wagner, who was recording himself with his cell phone, joined in with the crowd chants of “stop the steal” and “fight for Trump,” according to court documents filed in the U.S. District Court for the District of Columbia.
Once he arrived at the U.S. Capitol, Wagner was heard questioning why other rioters did not bring semi-assault rifles to the Capitol, saying “we could literally take it over right now.” He was also 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.
At some point, Wagner and Tutrow became separated while at the U.S. Capitol, court documents say.
Around 3:10 p.m., Wagner was captured on security footage entering the U.S. Capitol through a broken window. In a video later recorded by Wagner, he was seen joining in chants targeted at President Joe Biden, and suggested rioters barricade themselves inside the Capitol’s Crypt, court documents show.
As officers tried to move the crowd out of the building, Wagner told an officer he was on his way out of the building and later said, “I’m gonna be back.” He also described officers defending the building as traitors, saying they were committing treason and engaging in tyranny, according to court documents.
Once outside, Wagner told other rioters officers were approaching the perimeter, and they should should hold the perimeter, court documents show.
Following the riots on Jan. 6, 2021, a photo of Wagner from social media was featured as “No. 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.
Three days later, Wagner turned himself into law enforcement. Upon further investigation, including speaking with several witnesses, the FBI confirmed Wagner’s involvement. While they did not interview Wagner, FBI agents 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. He posted several times about contesting the election and protesting in Washington, D.C., including a post asking, “Anyone going to D.C. on the 20th?” court documents show.
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. He pleaded not guilty to all four charges at the time, according to court documents.
As part of his plea agreement, Wagner 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.
In court filings on Monday, federal prosecutors argued for jail time for Wagner, saying he disregarded commands from U.S. Capitol Police officers, made “belligerent” statements and engaged in profane rhetoric.
Prosecutors also acknowledged mitigating circumstances, included Wagner’s lack of criminal activity and social media engagement prior to the insurrection. Wagner willingly turned himself in, provided federal investigators access to his cell phone and expressed a want to plead guilty early on, federal prosecutor Seth Adam Meinero said Friday during Wagner’s sentencing hearing.
Relatives of Wagner sent letters to Judge Amy Berman Jackson, who heard the case, saying Wagner had told them he regrets his actions on Jan. 6, 2021, and had learned several lessons from his experience. One relative told the judge they believed Wagner was not aware of the seriousness of his actions on that day, saying he was a good person who made a poor decision, court documents show.
Wagner’s attorneys said he expressed regret, and pointed out that he did not challenge any of the facts the government brought against him, nor did he request a trial.
Wagner’s attorneys also said the government’s sentencing guidelines, and request for jail time especially, would create unwanted sentencing disparities. Wagner’s attorney cited the need for his sentence to be similar to his co-defendant, Tutrow, the man he was with in Washington, D.C. Tutrow was also arrested in January. He accepted a plea agreement on the same charge in October, and was sentenced in December. A judge sentenced him to 36 months on probation, with the first 60 days to be spent in home detention.
Before rendering the sentence, Jackson told Wagner the language he used during the insurrection was telling of his actions, including giving other rioters advice as he left.
“Going in through broken windows is not how you enter a federal building,” Jackson told Wagner.
