Federal prosecutors are urging a judge to impose a six-month jail sentence on James Ray Epps Sr. during his upcoming sentencing on January 9. He faces a charge of disorderly or disruptive conduct at the U.S. Capitol on January 6, 2021.
In a 29-page sentencing memorandum, the U.S. Department of Justice highlighted the unique nature of the Epps case compared to other Jan. 6 prosecutions. Notably, they acknowledged the unusual swiftness of the case and highlighted “compelling mitigating factors” that resulted in Epps reaching a pre-indictment plea deal in September 2023.
“Although Epps engaged in felonious conduct during the riot on January 6, his case includes a variety of distinctive and compelling mitigating factors, which led the government to exercise its prosecutorial discretion and offer Epps a pre-indictment misdemeanor plea resolution,” DOJ senior trial counsel Michael Gordon wrote in the sentencing memo.
Defense attorney Edward Ungvarsky contends that Mr. Epps has undergone sufficient deterrence following the severe repercussions of Jan. 6, which included threats to his life and property. He attributes Mr. Epps’ tribulations to the actions of “right-wing political dramaturges,” who, according to him, orchestrated attacks, defamation, and vilification against Mr. Epps.
Listing a series of mitigating factors, Mr. Gordon emphasized that Mr. Epps has been the target of a false and widespread conspiracy theory, portraying him as an undercover government agent during the events of January 6.
Among the mitigating factors highlighted by Mr. Gordon are Mr. Epps’ contact with the FBI on January 8, 2021, to provide details about his actions two days prior, his cooperation with both the FBI and the now-defunct House Jan. 6 Select Committee, and his efforts, as described by a DOJ official, to ease tensions between agitated protesters and law enforcement.
Mr. Gordon argued that a jail sentence is justified due to Mr. Epps’ alleged endeavors “to motivate and rally a crowd to breach the Capitol and contest the election certification,” as stated in his writing.
Mr. Epps has faced widespread online scrutiny for nearly three years due to multiple videos capturing him in various locations, purportedly urging protesters to infiltrate the U.S. Capitol on January 6.
His image mysteriously vanished from the FBI’s most-wanted list regarding January 6, sparking discussions about why he hadn’t faced arrest or prosecution.
Prosecutors officially charged Mr. Epps with a single count of disorderly or disruptive conduct in a restricted area on September 18, 2023, constituting a petty misdemeanor carrying a maximum six-month jail term. Just three days later, Mr. Epps entered a guilty plea, swift resolution diverging starkly from the lengthy proceedings characterizing many January 6 cases.
Initially set for December 20, 2023, sentencing was deferred by Chief U.S. District Judge James Boasberg to 10 a.m. on January 9, 2024, at the federal courthouse in Washington D.C.
In his sentencing memorandum, Mr. Ungvarsky underscored Mr. Epps’ intention for a peaceful protest at the Capitol on January 6.
“Ray Epps understands the serious mistake he made when he joined others to attend the Stop the Steal Rally on January 6, 2021, and to encourage others to walk to the U.S. Capitol to continue to protest,” Mr. Ungvarsky wrote.
“At all times, Mr. Epps’ intent was that the protest would be peaceful and would be done peacefully,” Mr. Ungvarsky said. “Those were his words on January 5, and that was his intent on January 6.”
On January 2, Mr. Ungvarsky filed a motion to seal the identifying details of individuals referenced in Mr. Epps’ forthcoming sentencing exhibits.
“For safety concerns, counsel has redacted the names and identifying information of persons who authored or are discussed in exhibits of sentencing letters and memoranda,” Mr. Ungvarsky wrote. “Documented prior harassment and threats provide a specific basis for this request in this case.”
