Rioter Faces 20 Years In Guilty Plea To Assaulting Cops

From the Justice Department:



A Florida man pleaded guilty today to assaulting law enforcement officers for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

Mitchell Todd Gardner II, 34, of Seffner, Florida, pleaded guilty in the District of Columbia to felony charges of civil disorder, obstruction of an official proceeding, and assaulting, resisting, or impeding officers with a dangerous weapon.

According to court documents, on Jan. 6, Gardner took part in a confrontation with law enforcement officers on the Lower West Terrace of the Capitol.

Gardner was part of a mob just outside the Lower West Terrace Tunnel from approximately 3:45 p.m. until at least 4:05 p.m., During that time, he shouted, among other things, “drag them out,” and “pull the cops out.”

Gardner used a Metropolitan Police Department (MPD) Oleoresin Capsicum device against officers within the tunnel area. The contents hit one officer directly in the face shield and splattered onto two additional officers.

This caused the officers to cough for an extended period and also burned their eyes. Gardner also urged other rioters to use a ladder to break into a window. When the ladder was not used, Gardner stood on a window ledge outside of a Senate Terrace Room and damaged the window with the Oleoresin Capsicum device.

The cost to replace that window exceeded $2,900. Gardner ultimately entered the Senate Terrace Room. While inside the Capitol, he waved other rioters to come closer or into the building. He also handed another rioter what looked to be a table/desk leg; that object was used to assault police officers.

Gardner was arrested on June 25, 2021, in Tampa, Florida. He is to be sentenced on Oct. 21, 2022. He faces a statutory maximum of five years in prison in prison on the civil disorder charge, up to 20 years on the obstruction charge, and up to 20 years on the charge of assaulting, resisting, or impeding officers with a dangerous weapon.

The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.