Ryan Taylor Nichols, 33, suffered โhorrificโ pretrial prison conditions that warranted a time-served sentence, defense attorney said.
Ryan Taylor Nichols, a Marine Corps veteran and disaster-rescue specialist who argued that post-traumatic stress drove his behavior at the U.S. Capitol on Jan. 6, was sentenced on May 2 to more than five years in prison and fined $200,000 for assaulting police and obstruction of an official proceeding.
Mr. Nichols, 33, of Longview, Texas, was ordered by U.S. District Judge Royce Lamberth to serve 63 months behind bars and fined $200,000โthe lionโs share of the $237,708 raised on a GiveSendGo page set up for his legal and household expenses.
It was the largest fine issued in a Jan. 6 criminal case.
Judge Lamberth also ordered Mr. Nichols to serve 36 months of supervised release and pay $2,000 in restitution.
Prosecutors sought an upward departure from federal sentencing guidelines in asking for an 83-month prison sentence. The Department of Justice stressed Mr. Nicholsโs use of pepper spray on police and his incendiary rhetoric before, during, and after Jan. 6.
Mr. Nichols argued for time served after 28 months in custody, citing his severe PTSD and โhorrific prison conditionsโ at the District of Columbia jail as major mitigating factors.
โRyan Nichols is a good guy who made a bad decision on January 6. Heโs paid his debt in the most cruel and unusual way possible,โ defense attorney Joseph D. McBride told The Epoch Times. โThe fact that heโs got to go back to jail for any period of time sickens me to my stomach.โ
Mr. McBride said despite not objecting to the sentencing calculation made by the U.S. Probation and Pretrial Services System, the DOJ complained to Judge Lamberth on May 2 that an error needed correcting that would bump up Mr. Nicholsโs sentencing range.
The judge allowed the last-minute change, Mr. McBride said.
โIโm disappointed. I respect his [Judge Lamberthโs] service, but I donโt respect his decision today.โ
โExpletive-Laden Tiradeโ
Federal prosecutors stressed Mr. Nicholsโs use of potent pepper spray on the police line near the Lower West Terrace tunnel and his participation in a heave-ho maneuver against police as evidence of his propensity for violence.
Mr. Nicholsโs speech and his belief that the 2020 presidential election was stolen from President Donald J. Trump drew extensive commentary and attention from prosecutors in their 36-page sentencing memorandum.