Judge Timothy Kelly issued a 10-year prison sentence for Dominic Pezzola, an honorably discharged Marine Corp veteran for his “role in the Capitol riot” on Friday.
Kelly, a Trump-appointed judge, warned Pezzola was “the tip of the spear” during the Capitol riots.
The government sought 20 years for Pezzola.
Despite spending most of over 2 years of his incarceration in a freezing cold cell 6 by 8-foot cell at the Alexandria Detention Center, Pezzola walked out of the courtroom to be shackled and transferred back to the DC gulag with optimism and words of encouragement for his family.
“The First Step Act. I’ll be out in a year,” he assured.
He then fist-pumped and exclaimed, “Trump won!”
Pezzola was among scores of protesters who were peacefully protesting around the Capitol building when police began spraying the crowd with rubber bullets, tear gas, and flash grenades.
In the mayhem, the attack Pezzola compared to a scene “from the battle of Normandy,” Pezzola grabbed from the ground for protection.
In a moment of rage, Pezzola banged the police shield into an already broken window of the Senate wing of the Capitol building.
He then walked through the capitol for approximately 15 minutes, returned the police shield to an officer, and left the Capitol grounds.
On January 15, Pezzola went to an attorney’s office to turn himself in when he learned the FBI issued a warrant for his arrest for his role in the Capitol riot.
Pezzola had joined the Proud Boys 30 days before January 6. His attorneys Steven Metcalf and Roger Roots contend Pezzola was only tried as defendant in the Proud Boys leadership trial to “muck” his co-defendants with more severe charges.
Pezzola’s co-defendants Enrique Tarrio, Joseph Biggs, Ethan Nordean and Zachary Rehl committed no violent crimes on January 6. Tarrio was not in Washington DC during the Capitol riot. Biggs, Nordean and Rehl walked through the Capitol for approximately 20 minutes after dodging the blitz of bullets and flash grenades leveled by police and left the Capitol grounds.
Judge Kelly sentenced Biggs to 17 years in prison on Thursday and Rehl to 15 years in prison. The governement was seeking 33 years to life.
Pezzola’s mother was shaking and crying to no avail during the sentencing as she sat beside, Dominic’s wife, 19-year-old daughter and Pezzola’s best friend who served with him in the Marine Corps
“No matter what the outcome my son is a great man and an honorable man what he was sentenced to today was unjustified he doesn’t deserve ten years his background and life prior j6 shows what a stellar individual he is in the community,” Pezzola’s mother told The Gateway Pundit in an exclusive interview while leaving the courtroom.
“I will forever be proud of my son. I am in this for the long haul. I will be here for my son til the day i die,” she said. “Only because he is a Proud boy, a marine corp veteran, he is everything Satanic left and this current regime despises.
Dominic’s mother said “I will carry him home on my back if I have to. We will win the appeal. But Trump will be in office, before they win an appeal, with a pardon.”
“I am not going to go outside by myself today because the last thing I need in the courtroom with my son being unjustly convicted of 10 years in prison the last thing I need is to be harassed with profane hexes from an Antifa satanist who is paid by the government to agitate us and further try to break our spirit.”
On Wednesday after Biggs and Rehl were sentenced, an Antifa activist who stalked families of J6 defendants began screaming in Pezzola’s mother’s face warning her son is a terrorist and she will ultimately rot in prison with her son.
READ THE PARTIAL TRANSCRIPT FROM PEZZOLA’S SENTENCING HEARING:
KELLY: We all have a right to say we want to be heard by our government, of course, not in the way Pezzola behaved, he notes, but he wants to point out generally, getting your voice heard is legal. Kenerson agrees. And he notes, but when with angry mob behind you…
GOV PROSECUTOR KENNERSON:That changes things – that warrants terrorism enhancement here. Kenerson notes how Pezzola, Proud Boys actions have now made it so that people are afraid to go to voting booths etc; intimidates public; he notes it will be partic difficult for Officer Ode, Shae Cooney
Pezzola joined PBs after Trump’s “stand back, stand by” comment. He prepared himself to fight. He was held out as a “lord of war” heading into 1/6 by Tarrio; he recruited fighters to come to DC. He didn’t stop at smashing out that window.
He stepped aside, let rioters come into bldg, he got inside wiith the mob and asked where the votes were being counted at. Kenerson notes this included members of mob that chased Eugene Goodman upstairs
He filmed himself inside having a victory smoke, “I knew we could take this motherfucker over if we tried hard enough,” Kenerson says. Pezzola isn’t being prosecuted for his political affiliation but for his conduct, Kenerson notes next.
Remember, Pezzola argues that rioters who dont support Trump are treated differently and Kenerson says, this is not remotely an apples-to-apples comparison.
He participated in brutal assaults on law enforcement, breaking through Capitol, charging through halls with mob. Kenerson says whatever good is credited to him on his personal background, history, that should be weighed along with:
Pezzola has very low respect for this court. He used his testimony to insert non-responsive facts; wouldnt admit stmts to FBI; inflated his credentials at trial to be a pseudo weapons expert.
After the trial, he called jury radical leftists who were LGBTQ or BLM supporters; said constitution was shredded from the bench. His statements reveal in a way, in some ways, what we didn’t have a window into because he got rid of his phone.
But they reveal a lack of remorse and respect for the proceedings and lack of understanding for the gravity of [charges]…Mr. Pezzola was the literal poster boy of this conspiracy in Tarrio’s lords of war posts.
[Metcalf now deliver remarks.]
METCALF: What is just? What is fair? What is sufficient? These are questions I’ve been asking myself for the past few days.
Did Pezzola sign up for the Proud Boy leadership trial? The govt is right on a couple of things: his anger that day, way he chose to express himself, actions he took are reasons he got roped up in this case.
This is a proud boy leadership trial. He signed up maybe a month prior. he didn’t sign up for leadership role, quality, responsibility, planning or conversations. yet hmi getting in the spotlight and being in front of things is how he got here.
He was barely in PB and made the front of the news during a rally. Metcalf argues Pezzola was “captured well in photos” and that is, in effect, why he was out front of things or given outsized attention
They are asking for a sentence that will mean he gets out of jail when he can still work and is able-bodied, so he can “still get on his knees and do floors again” [Pezzola was a carpenter prior to his arrest]
Metcalf on general deterrence: I don’t know what else has to be done here to get the point….everyone gets the point. everyone who reads the news gets the point. biggs got 17 years yesterday. dom got the msg. his family got the msg.
Pezzola’s medical condition has worsened. his foot is bad; he can’t get proper care at the jail. he’s got an issue with his esophagus that isn’t being addressed; he’s got allergy or issues of some sort with soy products; he says jail wont accomodate.
I know I asked for five, guidelines say 8, he’s already served two, I ask for what is just…
PEZOLLA: Thank you for allowing me the opportunity to speak
[He takes a big breath.]
I believe in and take responsibility for the actions I have done. I took the stand and took responsibility for what I have done, Pezzola says. He apologizes to Kenerson for the way he talked to him at trial (quite sharp)
Now for the first time, I messed up and I let the people who care and depend on me the most, down, He gets a little choked up and Metcalf rubs his back. He addresses his eldest daughter who couldn’t be here today.
Words could not express the pain and failure I feel towards you. I’ve missed so much of your life these last few years… missed your journey as a young woman in this world.. I pray for the court’s mercy to be there for you in the future.
[Pezzola addresses his youngest daughter] You’ve always been a daddy’s girl and my heart is heavy with regret for not being there for you anymore. [he sniffs.]
Missing your high school graduation devastated me. i cant imagine missing any more milestones n your life. With your honors mercy, i can continue to protect and provide for you. To his wife Lisa, he says: I have broken this famly and crushed your heart.
He acknowledges that he has taken their private life and magnified it;
It’s lke I live in an emotional black hole [in solitary confinemnt for 2 years prior to transfer to DC gulag] There is no place in my future for groups or politics whatsoever.
Before j6, i never had to stand in a cout room like this and I’m sure I’ll never be back.
I stand before you with a heart full of regret, I have regret for my actions at the Capitol. I went to trial for a sedition charge and I knew wasn’t part of the seditious conspiracy”
I need to extend a sincere apology to Officer Ode. I never should have crossed a barrier at the capitol that day. This was the worst most regrettable decision of my lfe and am truly sorry.
If this court could find it to give me a second chance, ll be grateful beyond repair…Your mercy will make or break my family
PEZOLLA’S WIFE LISA:
I cannot find employment even though I have a master’s degree. As soon as you Google my name Dominic’s picture from January 6 comes up. My husband is a wonderful father, has lived only a life of service and I love him with all of my heart.
My children are depressed.
In no way am I making excuses for Dominic’s actions that day. As I said on the stand, he’s a fucking idiot.” Please have mercy on my husband.
PEZZOLA’S DAUGHTER ANGELINA:
19, now speaking. She gestures to her father and says, Your honor, look at my father. Look at me, she says. I am everything good that my father has done. I’m a college student, scientist, never got in trouble, i dont do drugs, drnk, he’s contributed to all that
Pezzola is wiping tears from his face, his face is flush red]
PEZZOLA’S MOTHER:
[Barbara, Dominic’s Pezzola mom, approaches the podium and she is crying]
I love my son with all my heart. He’s my oldest.. he was a wonderful child, always tried to please me and his father. he never gave me any trouble. easiest of my 3 children and…
There’s a special bond I have with my firstborn. He’s a great man, a great father. [She is crying hard] I love him and he’s my hero. I know this isn’t about me, but the past 2.5 years have been extremely hard…
I lost my job of 23 years. My sister died from covid. my mother who is 90 years old asks me every day when is nicky coming home. she’s the last of his grandparents and last of my extended family also.
I just ask please your honor have mercy on my son and our family. i know my son. i talk to him on a regular basis. i’ve been trying to straighten out his meals. as a mom first and foremost, i want him to eat healthy…w/ all due respect, thank you for everything
During trial, Mr. Metcalf, you said you didn’t envy being the judge. [After hearing from Pezzola’s family] You are correct, this is a hard position.
[Kelly addresses Pezzola]
You know that freedoms are precious, the right to vote is precious and you especially know that because you are a former Marine
[Pezzola nods his head]
You cannot respond to undesired political outcomes the way you did. You personally played a significant role in the events that day and its just something that can’t happen.
What you did that day harmed Officer Ode; but it also hurt the tradition of the peaceful transfer of power.
The peaceful transfer of power is one of the most precious things we had as Americans. Notice i say had because our tradition of unbroken peaceful transfers of power – that string has been broken. We can’t just snap our fingers and get it back.”
[Kelly notes mitigating factors in his conduct]
He wasn’t a leader. He wasn’t convicted of seditious conspiracy. But he was convicted of another conspiracy.
We also have, just by your conduct vis a vis Officer Ode and the smashing of that window – it checked both people and property boxes. Maybe the next person that comes along does the same exact thing but the reality is you did it and smashed that window & let people stream…into that capitol building & threaten the lives of our lawmakers. its not something i ever would have dreamed i would see in our country. and then after all that, in the crypts of the cap, filming a video that says..
I just knew we could this motherfucker over if we tried hard enough and expressed pride in that. it just- it boggles my mind
You really were in some ways the tip of the spear that allowed people to get into the Capitol. Pezzola has his eyes cast down as Kelly says this. He has a balled up paper he bats around.
[Kelly acknowledges his personal background, lack of criminal history; he notes how hard this is. Judge notes its “tragic” for his family but he says, he must still consider what he did, said.]
Proud Boy Dominic Pezzola has been sentenced to 10 YEARS or 120 months.]
Pezzola confers with his attorney as Kelly is reciting why he came down this way on sentence. He then briefly looks over at his family, purses his lips together. Kelly notes the 10 year sentence is 10 years below what govt asked for
[Kelly addresses Pezzola]
The reality is, typically, I would say when a judge varies downward because of family responsibility, we’re talking about a child that would have no parent on earth or things like that. my sympathies go out to your family but…
I think this is an appropriate sentence. those args [from Pezzola’s family] cannot play a major role for me. what did, was, for one thing, i think the terrorism enhancement overstates your conduct. And i think most offenses to which that terrorism adjustment applies..when you look at that list of enumerated offenses, they are offenses that really seem to include an intent to kill or means of killing someone and i dont think thats what you did that day.
“Judge Kelly addresses unwanted sentence disparities; he tells Pezzola he looked at other sentences in Jan 6 cases and other cases in other jurisdictions regarding other types of behavior: None of those cases are before me….”
I might agree or disagree that different sentences may have brought, might well have agreed with you. I have no idea. but none of those other cases involved the constitutional implications of what happened on Jan. 6 so in that sense they are different.
You are very fortunate that the jury did not convict him on the seditious conspiracy charge. That really helped this sentence.
[Judge Kelly is reading Pezzola’s restrictions to him; all similar to what we heard for Biggs, Rehl. No social media, subject to drug testing etc.]
[Pezzola has requested he be sent to Fort Dix. (Rehl also asked to go there) Kelly tells Pezzola that he will make that rec if he wants, but there may be a facility better suited for his health]
KELLY: There’s nothing wrong with paying attention to politics, but you can’t go about it the way you did.
[As Pezzola walks out of the courtroom, he pumps his fist in the air.]
PEZZOLLA: First Step Act. I will be home in a year.
[Family stopped sobbing stunned by Pezzola’s steadfast response to the sentence.]
Trump won!”
Ethan Nordean, leader of Nordean was convicted of seditious conspiracy and conspiracy to obstruct an official proceeding.
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