WASHINGTON, D.C., USA — A Tennessee man was found guilty of felony and misdemeanor charges for his actions during the Jan. 6 Capitol breach, according to the Department of Justice.
Joseph “Jose” Padilla, 42, from Cleveland, was found guilty of 10 charges, including eight felony counts and two misdemeanors, according to the department.
According to DOJ, Padilla was found guilty of:
- Two counts of civil disorder
- One count each of assaulting, impeding or resisting officers
- Assaulting, resisting, or impeding certain officers with a dangerous weapon
- Obstruction of an official proceeding
- Entering and remaining in a restricted building or grounds with a deadly or dangerous weapon
- Disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon
- Engaging in physical violence in a restricted building or grounds with a dangerous weapon
- Disorderly conduct in the Capitol grounds or buildings
- An act of physical violence in the Capitol grounds or buildings
According to evidence presented in court, Padilla traveled from his Tennessee home to D.C. in response to former President Trump’s Dec. 19, 2020, tweet to “Be there [on January 6th], will be wild!”
After reaching the Capitol grounds, Padilla repeatedly pushed against the bike racks on the Lower West Terrace, forced his way into the tunnel and threw a flag pole striking an officer in the helmet, according to DOJ.
During the riot, Padilla messaged a family member, “I've been beaten. Sprayed and [tased]. Resting before I go in for more,” “Were pushing the door. Had to take a break,” and “It’s not a rally anymore it’s a revolution.”
According to DOJ, after the riot, Padilla posted on social media, “[T]he Declaration of Independence, one of our founding documents, specifically gave me the right to do what I did. ‘... it is the Right of the People to alter or to abolish it, and to institute new Government,’” and “Yeah, I’m proud of what I did yesterday. It’s guns next, that’s the only way.”
The most serious assault charge and the obstruction charge each carried a statutory maximum sentence of up to 20 years in prison. A federal court judge will determine the appropriate sentence after considering all factors and the U.S. sentencing guidelines, DOJ said.
Since Jan. 6, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement.
According to the department, Padilla is scheduled for sentencing on Sept. 13.
The investigation remains ongoing.