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‘Bob’s Burgers’ actor sentenced to 1 year in prison for role in Capitol riot
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‘Bob’s Burgers’ actor sentenced to 1 year in prison for role in Capitol riot

WASHINGTON (AP) — An actor known for his roles in the television comedies “Bob’s Burgers” and “Arrested Development” was sentenced Monday to a year in prison for his role in a Mob attack on the US Capitol almost four years ago.

Jay Johnston, 56, of Los Angeles, joined other rioters in a push against police officers guarding a tunnel entrance to the Capitol during the riots on January 6, 2021. Johnston also made jokes and interacted with other rioters while using a cellphone to record the violence around him, prosecutors said.

Johnston expressed regret that he “made it more difficult for police to do their job” on January 6. He said he never would have imagined a riot would break out that day.

“I think that was due to my own ignorance,” he told U.S. District Judge Carl Nichols. “If I had been more political, maybe I would have seen it coming.”

The judge, who sentenced Johnston to one year and one day in prison, allowed him to remain free after the hearing and report to prison on a date to be determined. Nichols said he recognizes Johnston will miss out on caring for his 13-year-old autistic daughter while he is behind bars.

“But his conduct on January 6 was quite problematic. Reprehensible, really,” the judge said.

Johnston He pleaded guilty in July. of interfering with police officers during a civil disorder, a felony punishable by a maximum prison sentence of five years.

Prosecutors recommended an 18-month prison sentence for Johnston. His sentencing memorandum includes a photograph of a smiling Johnston dressed as Jacob Chansleythe spear-wielding Capitol rioter known as the “QAnon Shaman,” at a Halloween party about two years after the siege.

“He believes that his participation in one of the most serious crimes against our democracy is a joke.” prosecutors wrote.

Johnston played pizzeria owner Jimmy Pesto Sr. in “Bob’s Burgers,” a police officer in “Arrested Development” and a street-fighting journalist in the film “The Announcer: The Legend of Ron Burgundy.” Johnston also appeared in “Mr. Show with Bob and David,” an HBO comedy series starring Bob Odenkirk and David Cross.

Originally from Chicago, Johnston moved to Los Angeles in 1993 to pursue a career acting career. After the riot, Johnston was fired by the creator of “Bob’s Burgers,” lost a role in a movie based on the show and “has basically been blacklisted” by Hollywood, defense attorney Stanley Woodward said.

“Instead, Mr. Johnston has been working as a handyman for the past two years, something that is obviously a far cry from his true experience and livelihood in film and television.” Woodward wrote.

Woodward accused the government of exaggerating Johnston’s involvement in the riots “because he is an acclaimed Hollywood actor.”

Johnston attended then-President Donald Trump’s “Stop the Steal” rally near the White House on Jan. 6 before marching to the Capitol. He used a metal bicycle rack to scale a stone wall and reach the Capitol’s West Plaza before heading to the mouth of a tunnel entrance police were guarding on the Lower West Terrace.

“When he was under the arch, he turned and greeted other rioters, inviting them to join him in fighting the police,” prosecutors wrote.

Upon entering the tunnel, Johnston helped other rioters remove chemical irritants from their eyes. Another rioter handed him a stolen police shield, which he handed over closer to the police line. Johnston then joined other rioters in a push against police in the tunnel, a collective effort that pinned one officer against a door frame, prosecutors said.

Johnston recorded himself making a joke as rioters pushed an orange ladder toward police in the tunnel, saying, “Let’s fix those light bulbs!”

A day after the riot, in a text message to an acquaintance, Johnston acknowledged having been at the Capitol on January 6.

“The news has presented it as an attack. Actually it wasn’t. I thought it had become that way. “It was a disaster,” Johnston wrote.

FBI agents confiscated Johnston’s cell phone when they searched his California home in June 2021.

More than 1,500 people have been charged with federal crimes related to the Capitol riot. More than 1,000 rioters have been convicted and sentenced. Approximately 650 of them were sentenced to prison terms ranging from a few days to 22 years.