From NewsChannel 9: UPDATE- A federal judge has ruled that Jose Padilla is guilty "on almost all counts" against him for his role in the January 6th,
From NewsChannel 9: UPDATE- A federal judge has ruled that Jose Padilla is guilty “on almost all counts” against him for his role in the January 6th, 2021 attack at the U.S. Capitol.
- Count 1: Assaulting/resisting/impeding officers/employees: Guilty
- Count 2: Assaulting, resisting, or impeding certain officers using a dangerous weapon: Not Guilty
- Count 3/5: Civil disorder: Guilty
- Count 4: Assaulting, resisting or impeding certain officers using a dangerous weapon (flagpole): Guilty
- Count 6: Obstruction of an official proceeding: Guilty
The judge said Padilla will be sentenced on September 13th.
From NewsChannel 9: UPDATE 5-3-23, 2 p.m. – A federal judge has ruled that Jose Padilla is guilty “on almost all counts” against him for his role in the January 6th, 2021 attack at the U.S. Capitol.
We’re working to learn more, and we’ll update this story when we do.
From NewsChannel 9: Jose Padilla, the man from Cleveland, Tennessee who faces several charges in connection with the attack on the U.S. Capitol on January 6th, 2021, testified Tuesday in his federal bench trial.
Padilla faces 5 federal felony charges and 1 misdemeanor charge. Among other things, he’s accused of launching a flagpole at a police officer, which struck him in the head. He has remained in federal custody since February 2021.
On the witness stand, he told prosecutors
“President Trump tweeted out that there was going to be a rally. I had I had never attended a Trump rally and I felt that this was going to be his last rally, so I decided to attend.”
Padilla testified that he thought Trump “would drop the receipts” and “give detailed proof” of election fraud.
He also testified that he thought members of the House and Senate who were sympathetic to Trump, including Tennessee U.S. Senator Marsha Blackburn, “could at least cause some debate about whether the election would be certified.”
When asked by his attorney what he expected to happen at the Capitol Padilla testified
“I thought I would most likely be at the rally… talking to people, swinging flags, chanting, singing, things like that. We would listen to a lot of speakers.”
Padilla says he then “received a misting” of pepper spray into his eyes at that point, and that he started to get upset.
“After I could see I approached the barricades that had just been erected… I just came up and I started.. “Why did you guys spray us?
I had my hands on the barricade at this time and I was speaking to him.” (Speaking about another officer). “He had an expendable baton in his hand, and he smacked my hand as it was on the railing.”
Padilla says he then stepped back up to the barricade and started “yelling vulgar things at him,” accusing him of breaking his oath to the Constitution.
Padilla says officers then began moving the barricade forward, and “because I did not want to hurt the officers, I grabbed the barricade and began to push.”
Padilla later explained that he didn’t realize his actions would be considered assault. “I thought it was more along the lines of civil disobedience.”
But he then testified after learning a better understanding of the law, he admitted that he committed assault.
After a break for lunch, Padilla’s testimony continued with prosecutors focusing on the flagpole he’s accused of throwing.
Padilla testified he was trying to hit another protestor with the flagpole because he thought the protestor was going to hurt a downed policeman:
“I’m thinking I’m going to throw that flagpole at him, maybe tangle it up in his legs and maybe hit him in the head with it….. My goal was to cause at the very least distraction so that the officers who were standing trying to assist the downed officer to stand up, could get a little extra time to do that.
Padilla added he guessed one could say he “recklessly disregarded the fact that they were there.”
“That whole day I had never swung my fists or done anything to the officers because I did not want any of them to be injured. What I saw that day was akin to some of the things I saw in Iraq,’ Padilla said.
Regarding the social media posts, Padilla said he exaggerated his claims, bluster and bravado because he is a “LARP-er.” LARP stands for live-action role player. Padilla says that means he is in the habit of saying things he didn’t really mean.
“There was so much emotion pouring into me and everybody, It’s an energy there… I did say some really stupid stuff. things I probably don’t truly believe in.”
The second day of the trial began with prosecutors continuing to present evidence, including text messages Padilla sent to his wife and others on January 6th, along with social media posts he made in subsequent days.
Padilla texted someone privately in the days leading up to the attack “Take a weapon, I plan on buying a rifle in the next few days.”
During the tumult of Janaury 6th, Padilla texted his wife, saying “I’ve been beaten, sprayed and tasted [sic]. Resting before I go in for more.”
Prosecutors say Padilla’s wife Becky texted him back, “they are hiding in the basement,” in reference to members of Congress, who had convened to officially certify President Joe Biden’s 2020 election win.
Padilla said via text,
“We are pushing the door, had to take a break. Knuckles broke, pretty sure I have a concussion.”
He then texted “It’s not a rally anymore, it’s a revolution,” to which his wife replied “Not according to the news, it’s a riot.”
A day later, Padilla posted, “I’m proud of what I did yesterday. It’s guns next, that’s the only way.”
He also said
I wasn’t radicalized by Trump, I was radicalized by the cops turning my right hand into a swollen mound of pain for the crime of putting it on a railing while I was talking to a police officer.
When Padilla took the stand, he told prosecutors he “did not” have anything in his possession that would be considered a weapon, adding that he didn’t own any firearms.
Padilla was the defense’s only witness before resting their case.
We’ll follow the closing the arguments Wednesday morning, and the judge said he hopes to have a verdict by Wednesday afternoon.
