TL/DR –
Brandon Fellows, a 29-year-old tree cutter from New York, was sentenced to 3½ years in prison for his involvement in the Jan. 6, 2021, attack on the U.S. Capitol. Fellows, who had chosen to represent himself and was found in contempt for his disrespectful and confrontational behavior in court, was convicted of obstructing an official proceeding, entering a restricted building, and disorderly conduct. During the riot, Fellows entered the Capitol through a broken window, smoked marijuana in a senator’s office, made taunting remarks at law enforcement officers, and later bragged about the attack in media interviews and social media posts.
Tree Cutter Sentenced for Actions During Jan. 6 Capitol Riot
A tree cutter who smoked marijuana in a senator’s office during the Jan. 6, 2021 Capitol attack was sentenced to 42 months in prison. Brandon Fellows, 29, was convicted of obstructing an official proceeding, disorderly conduct, and entering a restricted building.
Fellows Represents Himself
From Upstate New York, Fellows chose to represent himself and was found in contempt for calling U.S. District Judge Trevor N. McFadden a “modern-day Nazi” and accusing him of running a “kangaroo court.”
Judge’s Remarks at Sentencing
McFadden, during Fellows’ sentencing, highlighted his disruptive behavior including outlandish accusations against prosecutors and lewd comments to his probation officer. He also noted Fellows’ disrespectful behavior towards the jury.
Fellows’ Role in Capitol Riot
Despite not being charged with violent conduct, prosecutors described Fellows as a “cheerleader” for the mob. After attending Trump’s “Stop the Steal” rally, he reportedly entered the Capitol through a broken window.
Actions Inside the Capitol
Fellows smoked marijuana in Senator Jeff Merkley’s office, taunted law enforcement, and posed for photographs on a Capitol Police motorcycle. He then boasted about his actions in media interviews and social media posts.
Defendant’s Lack of Remorse
Assistant U.S. Attorney Carolina Nevin said Fellows showed no remorse and even asked for a marker to write “liberty” on his forehead for his mug shot. He blamed police officers for their injuries during the riot.
Defendant’s Courtroom Behavior
Fellows continually interrupted the courtroom proceedings, earning admonishments from the judge. He gave a 45-minute PowerPoint presentation accusing prosecutors of lying and complained about his jail time.
Judge’s Response
The judge, while announcing the sentence, was interrupted by Fellows, who treated the sentencing like a commentary session. McFadden later described Fellows and his actions as showing “utter disrespect for our first branch of government.”
Fellows’ Defense
Fellows argued he thought he was permitted inside the Capitol due to his previous experience at the New York Capitol. He claimed police officers were welcoming and suggested he had been misled about the certification of Biden’s election.
Fellows’ Sentencing
Fellows received a 37-month sentence for his Capitol riot convictions and an additional five months for contempt. Despite his protests, the judge found Fellows had demonstrated significant oppositional defiance throughout the proceedings.
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