U.S. District Judge Timothy Kelly cuts in half the prison time sought by prosecutors
WASHINGTON—A New York member of the Proud Boys who used a stolen police riot shield to smash open a window on the Senate side of the U.S. Capitol on Jan. 6, 2021, was sentenced to 10 years in prison on Sept. 1 by a federal judge in Washington.
Dominic J. Pezzola of Rochester was sentenced by U.S. District Judge Timothy Kelly on seven criminal counts, including obstruction of an official proceeding, conspiracy to prevent an officer from discharging any duties, obstruction of law enforcement during civil disorder, two counts of destruction of government property, assaulting, resisting, or impeding certain officers, and robbery of personal property of the United States.
Mr. Pezzola was acquitted of seditious conspiracy in May after a more than four-month trial involving him and four Proud Boys co-defendants.
Judge Kelly’s sentence cut in half the prison term sought by the U.S. Department of Justice, even though he added a terrorism enhancement for two of the criminal counts. The DOJ sought 20 years, while Mr. Pezzola’s defense suggested five years would be more appropriate.
The judge used a similar approach on Aug. 31 when sentencing Proud Boys Joseph Biggs to 17 years and Zachary Rehl to 15 years in prison. Prosecutors had sought 33 and 30 years in prison, respectively. Top Proud Boys leaders Henry “Enrique” Tarrio and Ethan Nordean are still to be sentenced.
As he was being led from the courtroom after being sentenced, Mr. Pezzola raised a fist and shouted, “Trump won!”
Mr. Pezzola’s mother, daughters, and wife made emotional appeals to Judge Kelly for mercy during a more than 2.5-hour sentencing hearing.
Through tears, Mr. Pezzola’s wife, Lisa Magee, described financial hardships, how her children lost friends and family due to the Jan. 6 publicity, and how she can’t find gainful employment because of her husband’s actions.
“I can guarantee, if the court shows mercy to him, to my children, the court will never see this man again,” Ms. Magee said.
Mr. Pezzola apologized to his family and police for his actions on Jan. 6.
“I messed up,” he said. “There’s no place in my future for groups or politics whatsoever.” Mr. Pezzola called Jan. 6 the “worst, most regrettable decision of my life.”
In a sentencing memorandum prepared for Judge Kelly, prosecutors said Mr. Pezzola joined the Proud Boys in November 2020 “to engage in political violence.”
By Joseph M. Hanneman and Joseph Lord
