Jay Johnston, an actor recognized for his roles in “Bob's Burgers” and “Arrested Development,” received a prison sentence of one year and one day due to his actions during the January 6 Capitol riot.
The actor participated in the chaotic event, engaging with police and filming parts of the violence, later expressing remorse for his involvement and lack of political insight into the situation's potential for escalation.
NPR reported that Johnston, a 56-year-old Los Angeles resident, was a significant participant in the tumultuous events at the Capitol on January 6, 2021.
He was actively involved in the collective effort to push against law enforcement officers who were defending a tunnel entrance to the Capitol building.
During the riot, Johnston used his cellphone to capture moments of the unfolding violence and conversed with fellow rioters in a lighthearted manner.
His subsequent reflections revealed regret over his actions that obstructed police efforts, acknowledging that his political naiveté contributed to his lack of foresight regarding the violence that ensued.
U.S. District Judge Carl Nichols handed down the prison sentence to Johnston, which comprised one year and an additional day of incarceration. In his judgment, Judge Nichols remarked on the adverse impact Johnston’s imprisonment would have on his time with his 13-year-old autistic daughter, yet he asserted that Johnston's behavior during the riot warranted condemnation.
Johnston had previously pleaded guilty to the felony charge of interfering with police amid a civil disorder, a crime that could have resulted in a prison term of up to five years.
Prosecutors had recommended an 18-month sentence, highlighting Johnston’s downplaying of his participation in what they described as a significant attack on democracy.
A photograph presented by prosecutors depicting Johnston wearing a “QAnon Shaman” costume at a Halloween gathering two years after the riot further illustrated his complex relationship with the events and their aftermath.
Despite these setbacks, Johnston's attorney emphasized that his client has been severely affected by the consequences of his actions.
Since being dismissed from his acting role on “Bob's Burgers” and effectively blacklisted in the Hollywood industry, Johnston has pursued work as a handyman. His attorney argued that the attention Johnston has received is due in part to his celebrity status, which may have exaggerated public perception of his role in the riot.
Johnston’s journey to the Capitol riot began with attendance at the “Stop the Steal” rally staged by then-President Donald Trump on January 6. Subsequently, he joined the throng of people who breached the Capitol building.
During the riot, Johnston climbed a stone wall using a bicycle rack to reach the West Plaza of the Capitol, after which he joined the crowd attempting to access the tunnel entrance. Once inside, he assisted rioters who were affected by chemical agents and passed a stolen police shield to the forefront of the clash.
Johnston also made humorously intended comments about “fixing light bulbs” amidst the chaos as a ladder was pushed toward officers in the tunnel by fellow rioters. The day following the riot, Johnston downplayed the situation in a text message, describing it as not an outright “attack,” though admitting it escalated into disorder.
The FBI seized Johnston's cellphone during a search of his California residence in June 2021. This action was part of a broader investigation that has resulted in charges against over 1,500 individuals linked to the Capitol riot events.
Among those charged, approximately 1,000 have been convicted, and around 650 have been sentenced to incarceration. Johnston’s case, notable due to his celebrity status, highlights the broad spectrum of individuals involved in the riot and the subsequent legal processes.
