WASHINGTON — A Maryland man who scaled partitions exterior the U.S. Capitol Constructing earlier than assaulting police on Jan. 6 was sentenced Monday to 33 months in jail.

Matthew Ryan Miller, 23, of Howard County, appeared earlier than U.S. District Choose Randolph Moss to listen to his sentence for 2 felony prices of obstruction of an official continuing and assaulting police. Miller’s plea deal referred to as for a really useful sentence of 41-51 months after a harmful weapon enhancement was dropped, and prosecutors requested Moss to condemn him to the higher finish of that: 51 months in jail, to be adopted by three years of supervised launch. Of their sentencing memo, prosecutors pointed to Miller’s participation in repeated assaults on officers defending the Decrease West Terrace Tunnel, together with an assault with a hearth extinguisher.

“Miller was not deterred by the violence surrounding him,” prosecutors wrote, “relatively, he superior to grow to be a part of it.”

However Miller’s legal professional, A. Eduardo Balarezo, instructed Moss leniency was so as. He instructed the decide Miller didn’t be part of within the “Cease the Steal” rally on Jan. 6, however relatively got here to D.C. as a result of he thought it “can be ‘cool’ to be a part of historical past.” Balarezo mentioned Miller was drunk and excessive on the time, and, in his personal sentencing memo, submitted proof that the pre-frontal cortex of the mind – which influences impulse management and decision-making – isn’t totally developed in people till age 25. Miller was 21 on the time of the riot.

“Matthew is a younger man who made a horrible resolution on January 6, 2021,” Balarezo wrote. “He acknowledges that his private conduct and participation within the riot weren’t born of a rational resolution, however relatively have been fueled by alcohol and marijuana abuse. He totally accepts duty for what he was carried out and isn’t making excuses.”

Moss pressed Balarezo on why he ought to imagine Miller was really remorseful, pointing to different riot defendants who’ve mentioned various things out and in of courtroom. Moss additionally described Miller as somebody who was “teaching” and “coordinating” the mob to assault police.

“I suppose you’d describe him as a cheerleader, your honor,” Balarezo mentioned. “Not teaching, however cheerleading. We’d settle for that.”

“Cheerleaders don’t go on the sector. They keep on the sidelines,” assistant U.S. legal professional Jacqueline Schesnol mentioned. “Mr. Miller very a lot went on the sector.”

Balarezo requested Moss to condemn Miller to a 12 months and a day – arguing his conduct was much less extreme than different assault instances like Robert Scott Palmer, who was ordered to serve 63 months in jail for attacking police with a wood plank and, like Miller, a hearth extinguisher.

Miller himself spoke, saying he was “ashamed by my shortcomings and naivete.”

“Seeing footage of my inebriated behaviors that day sends shivers down my backbone,” Miller mentioned. “My intentions that day have been to put on a wild outfit, drink some beers and have a good time.”

Moss described Miller’s actions as extra a lot severe, nevertheless.

“I do not suppose there have been any assaults on officers on the Capitol as harmful as these within the [Lower West Terrace] tunnel,” Moss mentioned.

Moss finally mentioned he did give Miller some credit score for his youth and his strict adherence to launch circumstances. He sentenced him to serve 33 months in jail. He’ll additionally must pay $2,000 in restitution and full 100 hours of neighborhood service upon launch.

“Mr. Miller, I do know that is robust drugs,” Moss mentioned. “I truly do want you nicely. I do know if you get out you’ll serve your neighborhood and household… and transfer ahead with having a profitable life.”

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