Prosecutors seek 6 months in jail for rioter who became subject of false conspiracies

A pro-Trump rioter who became the object of rampant Jan. 6 conspiracy theories — pushed by prominent GOP lawmakers and former President Donald Trump himself — should go to jail for six months for his role in the Capitol riot, federal prosecutors said Tuesday.

Ray Epps committed “felonious” conduct that day, Assistant U.S. Attorney Michael Gordon said in a 29-page sentencing memo that often warrants stiffer sentences than what the Justice Department is seeking. But his extraordinary suffering at the hands of pro-Trump forces who falsely accused him of being a government agent, the prosecutor said, warrants a more generous sentencing recommendation.

“Other than his four years in the Marines, Epps has never been a federal agent,” Gordon wrote. “He was not a federal agent or working at the direction of a federal agent on January [6]; Epps only acted in furtherance of his own misguided belief in the ‘lie’ that the 2020 presidential election had been ‘stolen.’”

Epps, a former Oath Keeper leader from Arizona, became a fixation among Trump’s allies after footage surfaced from Jan. 5 urging fellow Trump supporters to storm into the Capitol the following day. Some in the crowd nearby, who witnessed his loud call to breach the Capitol, laughingly called him a “fed.” The next day, Epps was among the first rioters to breach police barricades, triggering the broader incursion. He even briefly whispered to rioter Ryan Samsel moments before Samsel ignited the first rush on the barricades.

Once past the barricades, Epps was present for some of the worst scenes of violence that day and helped the crowd push a giant metal Trump sign toward an outnumbered police line. He texted a relative that he helped “orchestrate” the events that day. After the riot, Epps briefly appeared on the FBI’s list of wanted Jan. 6 suspects but was removed months later, triggering speculation among Trump allies that it was an effort to protect a government agent.

That speculation became the subject of incessant, baseless commentating in Trump-friendly media outlets that Epps helped orchestrate the Jan. 6 riot. Tucker Carlson, then a Fox News host, broadcast questions about Epps to a massive audience, which has led Epps to file a civil lawsuit against the network. Epps said he received death threats and was forced to move because of the attention. The network has denied liability and moved to dismiss the case.

Several members of Congress picked up on the speculation and pressed Attorney General Merrick Garland and senior FBI officials about Epps during testimony on Capitol Hill. Their refusal to confirm or deny allegations about Epps — a standard Justice Department practice — only fueled the baseless allegations. Trump eventually picked up on it on Truth Social and in appearances at political events.

In reality, prosecutors say, there was never any truth to the claims.

Epps, who testified twice to the Jan. 6 select committee, turned himself in to the FBI on Jan. 8, 2021, immediately after learning he was wanted for his role in the riot. He then cooperated voluntarily for months and provided valuable testimony to the government, prosecutors say. Footage has also shown Epps attempting at least five times to deescalate confrontations between rioters and police.

“However, due to the outrage directed at Epps as a result of that false conspiracy theory, he has been forced to sell his business, move to a different state, and live reclusively,” Gordon notes.

That combination of factors, the prosecutor said, warrants a sentence of six months. Others who committed similar conduct as Epps have received felony charges of civil disorder and have often been sentenced to more than a year in prison.

Epps is slated to be sentenced on Jan. 9 by Chief U.S. District Judge James Boasberg in Washington.