Trump supporter and Capitol rioter Devlyn Thompson has been ordered to jail after pleading guilty to assaulting a law enforcement officer with a baton amid the Capitol violence in January. Thompson is set to remain in jail until his sentencing, which is scheduled for September 27. Thompson had been out of federal custody before entering his plea agreement — and he’d been cooperating with federal investigators during that time — but federal Judge Royce Lamberth determined that “exceptional circumstances” were not present that would allow for Thompson to remain out of detention after pleading guilty to the violent crime.
Lamberth orders Thompson jailed pending sentencing — now that he's pleaded guilty to a crime of violence, the judge has to find "exceptional circumstances" for him to stay out of jail, and Lamberth rejects Thompson's arg that general COVID risk meets that standard
— Zoe Tillman (@ZoeTillman) August 6, 2021
When sentenced, Thompson could apparently face up to nearly 5 years in jail — or 57 months, to be exact, which works out to four years and nine months. The lower end of his estimated sentencing guidelines range is 46 months, but it’s not yet clear how much time that he might actually spend incarcerated. The estimated sentencing guidelines are not binding on the judge, and they’re also not automatically reflective of what prosecutors might recommend in any particular case.
Thompson’s lawyer had cited the risk of the defendant contracting COVID-19 if placed in detention, but Lamberth did not accept this argument as compelling enough to keep him out of prison. The lawyer indicated that Thompson was allergic to an ingredient in the Johnson & Johnson vaccine, but this ingredient is not present in the Pfizer and Moderna shots, meaning that he can safely get vaccinated. Assistant U.S. Attorney Tejpal Chawla also noted to Lamberth this week that Thompson’s presence at the Capitol in January without a face mask undercuts the idea of concern on his part regarding COVID-19.
On Friday, another Capitol rioter also pleaded guilty to assaulting an officer, although that other rioter — Scott Fairlamb — was not charged with using a weapon in that act. Assaulting an officer with a weapon carries a higher potential prison sentence than doing so without one. Fairlamb — whose sentencing is scheduled for September 27 — is facing estimated sentencing guidelines of between 41 and 51 months of incarceration, which equates to up to a little over four years in prison. Prosecutors’ sentencing recommendations are due in his case by September 20.
