A Navy sailor who was convicted on a cost stemming from his participation within the Capitol riot on Jan. 6, 2021, has managed to keep away from jail time or probation after a decide sentenced him to 30 days of house detention and a $2,500 high quality.
Petty Officer 1st Class David Elizalde argued in a sentencing memo {that a} probation sentence would have been “deadly” to his Navy profession, which he needed to salvage regardless of being convicted of 1 cost of violent entry and disorderly conduct on the Capitol grounds when a violent mob stormed the constructing hoping to overturn the 2020 presidential election.
Stephen Brennwald, Elizalde’s lawyer, advised Navy.com that they “knew that having a sailor on probation would not actually work if he was given orders to return out to sea, or was shipped out, so the decide adopted our suggestion in order that his sentence could be over rapidly with no probationary time period.”
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Brennwald added that they have been “thrilled that the decide agreed with our suggestion.” Prosecutors had requested for 30 days in jail and probation of three years. The utmost sentence Elizalde confronted was six months in jail and a high quality of $5,000.
Elizalde captured video of a police officer being assaulted and in addition briefly entered the Capitol on Jan. 6 as tons of of rioters broke by police strains, smashed home windows and vandalized congressional workplaces following a rally held by former President Donald Trump, who falsely advised attendees the election had been stolen.
Regardless of the favorable authorized end result for Elizalde, it’s removed from a assure that his profession will probably be secure.
The Navy wouldn’t touch upon the specifics of Elizalde’s case or speculate on any further authorized processes for him, however one official famous that simply because civilian authorized punishments don’t impede a sailor’s means to serve, that doesn’t imply leaders cannot pursue their very own investigation or fees.
Elizalde, 46, joined the Navy in 2007 as an aviation structural mechanic, in line with Navy information. After finishing his coaching, he served aboard the USS Eisenhower after which the USS Harry S. Truman plane carriers.
Whereas assigned to the Truman provider, Elizalde traveled to Falls Church, Virginia, and attended the occasions of Jan. 6 on the Nationwide Mall and on the Capitol.
Elizalde first attended the “Cease the Steal” rally the place Trump urged these gathered to “combat like hell” and never concede the election to President Joe Biden, who received the vote. “Even earlier than the speech ended, Elizalde joined the gang heading to the Capitol constructing through Structure Avenue,” in line with paperwork submitted by the prosecution.
The doc additionally famous that sooner or later throughout that day, he purchased a “Veterans for Trump” flag.
Because the riot on the grounds of the Capitol intensified, Elizalde’s personal GoPro digicam footage “graphically captured an assault” on a Capitol Police officer, and prosecutors famous that the petty officer “took no motion to help, assist, defend, or in any other case shield the law enforcement officials as they have been attacked by the riotous mob; moderately, he remained a part of the gang.”
Prosecutors additionally pointedly famous that he “didn’t disclose the existence of his GoPro or related photos or video to investigators.”
His lawyer, in his personal submitting, argued that Elizalde was “a scholar of historical past” who merely had “a substantial amount of curiosity” concerning the day’s occasions, and consequently, “he walked among the many crowd, observing the occasions and alternately photographing or videotaping numerous scenes.”
He finally made it contained in the Capitol constructing for a couple of minutes earlier than an officer directed him to depart, which he did.
His lawyer conceded that the Navy advised all its sailors “by official e mail channels to not attend any ‘January 6’ occasions” however “sadly, as a result of Mr. Elizalde was on shore go away at the moment, he didn’t have entry to army emails, and he by no means realized of this command.”
Months later, in December 2021 and in early 2022, Elizalde was interviewed by Naval Legal Investigative Service brokers about his actions that day, and he was ultimately transferred from his submit on the naval base in Rota, Spain, to the Washington Navy Yard, the place he was arrested and charged.
Elizalde’s file reveals that amongst a number of unit and repair awards, he acquired 4 Navy and Marine Corps Achievement medals.
Elizalde is considered one of a small handful of active-duty service members who participated within the riot that day.
Essentially the most senior service member charged is Marine Corps Maj. Christopher Warnagiris, whose trial remains to be ongoing. A trio of junior enlisted Marines who have been all linked to the intelligence neighborhood have been additionally arrested early final yr. All three pleaded responsible final September and have been sentenced to probation and neighborhood service.
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