A Jan. 6 rioter from Illinois who cursed cops and smashed a window with a flagpole, shouting “f—ing traitors” and “f—ing communist scum” as he stormed in and out of the United States Capitol building, is going to prison and paying for the damage.
Justin LaGesse, 37, of McLeansboro, was sentenced to 11 months in prison on Friday and ordered to pay $43,315 in restitution by U.S. District Judge James E. Boasberg, according to the Department of Justice. He also received 12 months of supervised release.
Last September, LaGesse pleaded guilty to a felony charge of destroying government property.
He was accused of storming the Capitol with another defendant, Theodore Middendorf, who also pleaded guilty to destroying government property and is awaiting sentencing.
According to court documents, the pair allegedly smashed a window near the Capitol’s “North Door” while attempting to enter.
“While police officers attempted to stop these rioters, Middendorf and LaGesse approached a large window to the left of the North Door,” according to their legal complaint.
“The two then used their flagpoles to strike the window numerous times and damaged the window in several places.”
According to DOJ prosecutors, the pair allegedly entered and exited the Capitol, harassing officers along the way.
They spent some time in the “Senate Wing Door” lobby area after entering through a broken window, according to the complaint, and were caught on surveillance video carrying flags and waving them while chanting “U.S.A.” repeatedly.
“After leaving the U.S. Capitol, LaGesse and Middendorf approached a line of Metropolitan Police Department officers standing behind a bicycle rack barricade,” according to the complaint.
“As they approached the officers, LaGesse called them ‘f—ing traitors’ and ‘f—ing communist scum.'” For several minutes, LaGesse continues to insult the officers while Middendorf stands nearby.
According to DOJ prosecutors, following the riot, the Architect of the Capitol determined that the total cost of window damage was $41,315.25. The FBI arrested LaGesse in January 2024.
“In the 48 months since Jan. 6, 2021, more than 1,583 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 600 individuals charged with assaulting or impeding law enforcement,” according to a press release issued by the Department of Justice.
President-elect Trump has repeatedly stated that he intends to pardon Jan. 6 rioters once he takes office, but he has kept specifics under wraps.
On Sunday, Vice President-elect JD Vance gave the clearest explanation yet of the plans to pardon defendants like LaGesse, telling “Fox News Sunday” that while there’s “a little bit of a gray area there,” those who committed violence during the 2021 U.S. Capitol attack “obviously” should not be pardoned.
Those who protested “peacefully,” on the other hand, should expect their records to be cleared.
“I think it’s very simple,” the former Ohio senator explained. “If you peacefully protested on January 6 and Merrick Garland’s Department of Justice treated you like a gang member, you should be pardoned. If you were violent on that day, obviously you should not be pardoned.”
