Flag-Waver Hernandez Sentenced for Jan. 6 Capitol Breach Assault

WASHINGTON – Joshua Lee Hernandez, a 29-year-old Houston native, was handed a 24-month prison sentence for his role in the Jan. 6, 2021, U.S. Capitol breach. Hernandez’s actions directly contributed to the disruption of Congress’ electoral vote session.

The defendant, Joshua Lee Hernandez, pleaded guilty on November 2, 2022, in the District of Columbia to charges including assaulting law enforcement officers and interfering with officers during a civil disorder. His sentence also includes a 36-month supervised release period and a $2,000 special assessment.

According to court documents, Hernandez traveled from Memphis, Tennessee, to Washington, D.C., on Jan. 6, 2021. He breached the Capitol’s restricted grounds, waving a flag and inciting a crowd. He entered the building through a window, carrying a flagpole, and moved through various areas of the Capitol complex while waving the pole.

Hernandez participated in confrontations with law enforcement officers at the East Rotunda, where he shouted and encouraged others to join in pushing against the officers. He used his flagpole to strike an officer on the helmet, contributing to the mob’s successful entry into the Capitol. Hernandez later entered the Senate Gallery before exiting the building.

Hernandez was arrested on Feb. 23, 2022, and has since been charged with crimes related to the breach of the U.S. Capitol. This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, with valuable assistance from the Department of Justice National Security Division’s Counterterrorism Section and the FBI.

Since Jan. 6, 2021, over 950 individuals have been arrested across nearly all 50 states for Capitol breach-related offenses, with the investigation still ongoing. The public is encouraged to report tips by calling 1-800-CALL-FBI or visiting tips.fbi.gov.