Leaving the rally before then-President Donald Trump finished speaking, Byerly went to the Capitol and joined other rioters in using a large metal Trump sign as a battering ram against barricades and police officers, prosecutors said.Īfter that, he went to the Capitol's Lower West Terrace, where he and other rioters attacked Minchillo, who was wearing a lanyard with AP lettering. The judge isn't bound by any of the sentencing recommendations.īyerly was arrested in July 2021 and pleaded guilty a year later to assault charges.īyerly purchased a stun gun before he traveled from his home in Fleetwood, Pennsylvania, to Washington for the “Stop the Steal” rally on Jan. Byerly's attorney has until Friday to submit a sentencing recommendation. Prosecutors are seeking a sentence of at least 46 months of imprisonment, followed by three years of supervised release. Sentencing guidelines recommend a prison term ranging from 37 to 46 months. 21 for his attack on AP photographer John Minchillo and police during the Jan. District Judge Randolph Moss is scheduled to sentence Alan Byerly on Oct. Federal prosecutors on Sunday recommended a prison sentence of approximately four years for a Pennsylvania man who pleaded guilty to assaulting an Associated Press photographer and using a stun gun against police officers during a mob's attack on the U.S.
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