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U.S. NEWS Wednesday 27 July 2022
Man's 63-month prison term matches longest for Capitol riot

By MICHAEL KUNZELMAN punishable by a maximum Ponder has a substantial
Associated Press sentence of 20 years in criminal record spanning
A man who attacked po- prison. Federal sentenc- three decades, including
lice officers with poles dur- ing guidelines called for a a 2008 conviction for bank
ing the riot at the U.S. Capi- prison term ranging from robbery, according to pros-
tol was sentenced on Tues- nearly five years to just un- ecutors.
day to more than five years der six years, but Chutkan More than 840 people
in prison, matching the lon- wasn't bound by those rec- have been charged with
gest term of imprisonment ommendations. federal crimes for their con-
so far among hundreds of More than 100 police of- duct at the Capitol on Jan.
Capitol riot prosecutions. ficers were injured during 6. Over 350 riot defendants
Mark Ponder, a 56-year- the riot. have pleaded guilty or
old resident of Washington, Defense attorney Joseph been convicted by a jury
D.C., said he "got caught Conte said Ponder was or a judge after trials.
up" in the chaos that erupt- "caught up in the madness In this image from a Washington Metropolitan Police Depart- More than 220 of them
ed on Jan. 6, 2021, and that was January 6." Conte ment officer's body-worn video camera, and contained in the have been sentenced, in-
statement of facts supporting an arrest warrant for Mark Ponder,
"didn't mean for any of this asked for a sentence be- Ponder strikes an officer with a pole on the West Front of the U.S. cluding approximately 100
to happen." low the guidelines range. Capitol on Jan. 6, 2021, in Washington. who received a term of im-
"I wasn't thinking that day," Ponder swung a pole at a Associated Press prisonment. Ponder is the
Ponder told U.S. District Capitol police officer on 15th to be sentenced to a
Judge Tanya Chutkan, ask- the Capitol's West Plaza, voice to the vocal protests atmosphere of the crowd prison term exceeding one
ing her for mercy before breaking it against the of- over the injustice he per- and erroneously perceived year.
she sentenced him to five ficer's shield. After retreat- ceived had happened in the police as standing in The prison sentences for
years and three months in ing into the crowd, Ponder the election," the attorney the way of the crowd's de- Ponder and Palmer may
prison. grabbed a sturdier pole added. "Unfortunately, he sire to protest the election not be the lengthiest for
That was three months lon- colored in red, white, and got caught up in the riotous results." much longer. q
ger than the prison sen- blue stripes. He used it to
tence requested by pros- assault two other officers,
ecutors. And it's the same hitting one of them in the
sentence that Chutkan left shoulder, before police
gave Robert Palmer, a Flor- detained and handcuffed
ida man who also pleaded him.
guilty to assaulting police Outnumbered officers re-
at the Capitol. leased Ponder because
More than 200 other Capi- they couldn't get a police
tol riot defendants have vehicle to transport him.
been sentenced so far. They told him to leave the
None received a longer Capitol, but Ponder stayed
prison sentence than Pon- and joined a mob of rioters
der or Palmer. clashing with police at a
Chutkan said Ponder tunnel.
was "leading the charge" Capitol Police Sgt. Aquilino
against police officers try- Gonell, one of the officers
ing to hold off the mob that assaulted by Ponder, said
disrupted Congress from the force of Ponder's blow
certifying President Joe shattered his shield.
Biden's electoral victory. "It was horrific," Gonell said
"This is not 'caught up,' Mr. during Ponder's sentenc-
Ponder," she said. "He was ing hearing. "That particular
intent on attacking and day will impact me for the
injuring police officers. This rest of my life."
was not a protest." After his arrest, Ponder told
Chutkan has consistently FBI agents that he typically
taken a hard line in pun- supports police but viewed
ishing Capitol rioters. She the officers as "part of the
has handed down terms problem" that day.
of imprisonment to all 13 "At some point in time, the
riot defendants who have way this country is going,
come before her, match- you gonna have to pick a
ing or exceeding the Jus- side," he said, according to
tice Department's sentenc- prosecutors.
ing recommendation in ev- Ponder attended the "Stop
ery case, according to an the Steal" rally on Jan. 6 to
Associated Press review of hear then-President Don-
court records. ald Trump's speech and to
Prosecutors had recom- "peacefully protest the re-
mended a five-year prison sults of the election and the
sentence for Ponder, who lack of attention to alleged
has been jailed since his ar- voting irregularities," Conte
rest in March 2021. wrote in a court filing.
In April, Ponder pleaded "He did so with no intent
guilty to an assault charge to do anything but add his