First Jan. 6 rioter to breach Capitol sentenced to 53 months in prison

Aug. 27 (UPI) -- A federal judge on Tuesday sentenced the first rioter to breach the U.S. Capitol on Jan. 6, 2021, to 53 months in prison.

A federal jury in March found Kentucky resident Michael Sparks, 46, guilty of felony obstruction of an official proceeding and civil disorder.

The jury also found Sparks guilty of several misdemeanors, including disorderly conduct in a Capitol building, disorderly and disruptive conduct in a restricted building or grounds and entering a restricted building.

During the sentencing hearing, U.S District of Columbia Judge Timothy Kelly said the riot created doubt regarding how the nation would transfer political power after a new president is elected on Nov. 5.

"I am an American citizen who believes to this day that we are in tyranny," Sparks told Kelly.

He said he believes the 2020 election was stolen from former President Donald Trump .

Kelly exceeded the recommended federal sentencing guidelines for Sparks, which recommend a sentence of between 15 and 21 months.

"I don't think you really appreciate the full gravity of what happened that day and, frankly, the full seriousness of what you did," Kelly said while telling Sparks why his sentence exceeds the federal guidelines.

Trump appointed Kelly to the federal bench, and he said the Jan. 6 riot "just cannot happen again."

"America had a perfect score for peaceful transfers of power before Jan. 6," Kelly said. "We can't get that back. It's gone."

Prosecutors said Sparks called for violence months in advance of the Capitol riot but dropped an obstruction charge initially filed against Sparks in the federal case.

The prosecutors dropped the obstruction charge after the Supreme Court in June ruled they must show how a defendant interfered with records, documents and other parts that were material to an official investigation or proceeding to prove obstruction occurred.

The federal prosecutors previously used the obstruction charge against more than 300 individuals charged for their actions during the Jan. 6 Capitol riot.