Joseph Lino Padilla, Capitol Assault, Washington 2021

A Tennessee man was found guilty of eight felony charges, including assault, related to the 2021 Capitol breach. Joseph ‘Jose’ Lino Padilla, 42, of Cleveland, Tennessee, was convicted of 10 charges, including eight felony counts and two misdemeanors, following a bench trial before U.S. District Judge John D. Bates.

Padilla was charged with two counts of civil disorder; and one count each of assaulting, impeding, or resisting officers; assaulting, resisting, or impeding certain officers with a dangerous weapon; obstruction of an official proceeding; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and engaging in physical violence in a restricted building or grounds with a dangerous weapon.

He was also convicted of two misdemeanors: disorderly conduct in the Capitol grounds or buildings and an act of physical violence in the Capitol grounds or buildings.

According to evidence presented in court, Padilla traveled from his Tennessee home to D.C. in response to former President Trump’s December 19, 2020, tweet to ‘Be there [on January 6th], will be wild!’ After reaching the Capitol grounds, Padilla repeatedly pushed against the bike racks on the Lower West Terrace, forced his way into the Tunnel, and threw a flag pole into the Tunnel, striking an officer in the helmet.

During the riot, Padilla messaged a family member, ‘I’ve been beaten. Sprayed and [tased]. Resting before I go in for more,’ ‘Were pushing the door. Had to take a break,’ and ‘It’s not a rally anymore it’s a revolution.’ After the riot, Padilla posted on social media, ‘[T]he Declaration of Independence, one of our founding documents, specifically gave me the right to do what I did. ‘… it is the Right of the People to alter or to abolish it, and to institute new Government,’ and ‘Yeah, I’m proud of what I did yesterday. It’s guns next, that’s the only way.’

The most serious assault charge and the obstruction charge each carry a statutory maximum sentence of up to 20 years in prison. A federal court judge will determine the appropriate sentence after considering all factors and the U.S. Sentencing guidelines.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Northern District of Texas.

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