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Federal prosecutors recommend 14 year sentence for Cleveland man convicted in January 6th attacks

From NewsChannel 9: A man from Cleveland, Tennessee convicted for what he did during the January 6th riots at the U.S. Capitol will learn his fate

From NewsChannel 9: A man from Cleveland, Tennessee convicted for what he did during the January 6th riots at the U.S. Capitol will learn his fate this coming Wednesday.


For their part, prosecutors are recommending Jose Padilla spend the next 14 years in federal prison.


Back in May, a federal judge ruled that Padilla was guilty “on almost all counts” against him, including assaulting a police officer with a deadly weapon (in this case, a flagpole) and civil disorder.


In new documents we received from federal court on Friday, prosecutors are asking the judge for to sentence Padilla to 14 years in federal prison, followed by three years of supervised release. Prosecutors also want Padilla to pay $2,000 in restitution.


In their sentencing document, prosecutors say Padilla deserves that sentence because of his quote “inflammatory rhetoric” online, untruthful testimony and lack of remorse.


Their memo says their sentencing suggestion is appropriate because


Padilla (1) assaulted two police officers defending the U.S. Capitol, including one with a dangerous weapon, (2) stated multiple times before, during, and after the riot that he wanted to overthrow American democracy, in violation of his oath to defend the Constitution, (3) spent three hours on the West Front breaking through police lines, rallying other rioters to join him, and relentlessly berating police, (4) lied under oath about his motive for throwing a flagpole at the head of an officer, (5) lied under oath about his desire to violently overthrow Congress, claiming he only wanted to use lawful processes to challenge the 2020 presidential election, (6) weakened the police line by joining with other rioters in bringing a large metal banner to the police line, and, (7) brought a pair of goggles and a mask to protect himself against riot control measures.

Prosecutors note that their recommendation falls “in the middle” of the advisory sentencing guidelines for such crimes.


Meanwhile, Padilla’s defense team filed their own sentencing document saying he has quote “deep regret, pain, and remorse:”


Mr. Padilla has now had over two years to consider his actions. Remorse comes from different directions and settles upon the person over time. Mr. Padilla is remorseful for his actions directed at others, specifically at the people called upon to defend the Capitol on January 6, 2021. At the same time, he recognizes that his actions have had a major impact on his wife and children, and to a lesser extent on other family members. All of this is a source of deep regret, pain, and remorse. Mr. Padilla is eager to explain this to the Court in his own words at sentencing.

The defense filing goes into Padilla’s troubled early life, mentions his service in the military, and says he has been under mental distress because he’s been separated from his family:


Mr. Padilla deeply regrets ever having gone to the Capitol on January 6th, 2021. He states that every day is torture having to live with the fact that his actions are the direct reason for his family’s separation and hardship. He understands that his actions on January 6th caused himself and his family the pain and suffering they now deal with daily. Mr. Padilla reports that his only desire post-incarceration is to find some land and build a farmstead for his family.

Read the prosecution’s sentencing memorandum below:

Read the full memorandum from Padilla’s defense attorneys below:

Padilla Sentencing by Dan Lehr on Scribd

Since Padilla’s conviction, another man from our viewing area has been arrested and charged for what prosecutors say he did on January 6th. Read more about the case of William Beals of Ringgold here.