Alan Byerly, a Pennsylvania man who pleaded guilty to two federal criminal charges connected to last year’s Trump-incited Capitol riot, where he twice perpetrated admitted instances of assault, should receive 46 months in prison, prosecutors say.
Byerly assaulted both a journalist with the Associated Press and members of law enforcement. Against police, he notably sought to use a stun gun. In the incident involving the Associated Press journalist, the targeted individual was also assaulted by other rioters before Byerly’s involvement, and they were wearing a lanyard identifying their affiliation with their news organization. Since rioters generally weren’t attacking each other, it seems obvious the assault was targeted on the basis of the victim’s involvement in news media, marking yet another instance of real-world physical violence that could be connected to rhetoric from Donald “Fake News” Trump. The former president has, of course, even referred to the media as the enemy of the people, making his incitement to action fairly obvious.
Byerly’s sentencing is scheduled for later this month, on October 21, before federal Judge Randolph Moss. His admitted offenses included an assault charge specific to targeting police and a more broadly fashioned charge covering the attack on the journalist. “Byerly watched the group that pulled the journalist down the stairs and a subsequent assault,” the Justice Department says. “Then, at the bottom of the stairs, he and three other individuals grabbed the journalist and pushed, shoved, and dragged him. Byerly grabbed the journalist with both hands and pushed him backwards. He then continued to push and drag him away from the stairs.” This incident took place on the western side of the Capitol where Byerly made his way before Trump finished speaking at that day’s rally in D.C. He was in the area of the Lower West Terrace tunnel, where riot participants engaged in so-called heave-ho motions, moving their bodies back and forth in rhythmic unison in an attempt to force their way through police lines. Michael Fanone, Aquilino Gonell, and Daniel Hodges were all assaulted in the area throughout the day.
As for Byerly’s affront against police, the Justice Department specifies he approached officers — meaning he wasn’t credibly responding to even an imagined threat. Police eventually successfully took possession of the stun gun, but Byerly was still freaking out. He “continued to charge officers, physically striking and pushing them,” authorities say. The federal sentencing recommendation is at the upper end of advisory guidelines identified by a Pennsylvania news outlet as covering Byerly’s case. At the Capitol, he was apparently also involved with pushing a massive metal sign into police. Two other rioters involved with pushing what would apparently be that same sign into police were each sentenced last month to 41 months in prison. An officer said over a dozen personnel were required to remove the sign because of its size after rioters shoved it into cops.
Feds to seek 46-months prison in Jan 6 case of Alan Byerly, who they argue carried stun gun and "participated in a vicious assault against an Associated Press reporter, identified as such by a prominent lanyard he was wearing, who was dragged up and down the stone staircase" pic.twitter.com/V0qYGwMneF
— Scott MacFarlane (@MacFarlaneNews) October 10, 2022
