A Connecticut man who climbed onto rioters’ backs and shoulders and repeatedly swung a pole at cops guarding a tunnel at the United States Capitol during the Jan. 6 riots will face prison time.
Richard Markey, 38, was sentenced to 30 months in prison on Friday by US District Judge Amit P. Mehta, a Barack Obama appointee, according to a press release from the US Attorney’s Office.
Markey pleaded guilty in August to a felony charge of assaulting officers with a lethal or dangerous weapon.
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That day, Markey went to the Lower West Terrace Tunnel, which has seen some of the most violent attacks on law enforcement.
That afternoon, he climbed on rioters to get to the police line defending the Tunnel, where he started assaulting officers.
Markey assaulted police with a baton and then his fists. In one incident, Markey struck and pulled on a police shield held by two officers.
Markey then balanced himself on the mob of rioters, reclaimed the police shield, and kicked it several times.
When an officer tried to pull him away with a pole, Markey grabbed the pole, pointed it at the officer, and screamed, “Oathbreaker!” Oathbreaker! You’re not doing your job. Listen! I fought for this f—ing country!”
Markey then used the pole to strike a police shield. He eventually broke the pole with the strikes and discarded it, continuing his assault on the cops by yelling at them, striking and pushing the shield with his hands.
He was arrested in July 2023.
In their sentencing memo, prosecutors wrote that the HVAC technician, who was discharged from the United States Coast Guard in 2009 due to “misconduct” arising from his “involvement” with drugs, was particularly violent on January 6th.
Prosecutors claimed Markey’s and a co-defendant’s felonious behavior that day was part of a massive riot that nearly prevented the certification vote from taking place, “frustrating the peaceful transition of Presidential power” and “throwing the United States into a constitutional crisis.”
“Even among other rioters attacking police there, the defendants’ conduct was shocking: both literally climbed over other rioters in order to assault the police officers guarding the entrance to the U.S. Capitol building,” according to the note.
Prosecutors deemed Markey’s actions more heinous than the other man’s.
“He initially sought to attack the officers with a baton, and only stopped when an officer was able to physically disarm him and seize the baton,” the prosecution claimed.
“Markey remained undeterred and repeatedly assaulted officers with any means available, including pulling on their shields, violently kicking them with his feet, and finally striking them with a pole until he shattered it against their shield.
Even so, he continued to scream at and threaten the officers, accusing them of violating their oaths.”
Jerry Ray Smith, Markey’s attorney, stated in his sentencing memo that there is no evidence that any officer was injured as a result of Markey’s actions. He requested 20 months in prison.
The lawyer submitted letters from family and friends attesting to his good character as a devoted family man who is “extremely generous, kind, and helpful.”
“Though Mr. Markey’s conduct was inexcusable, the fact that he directed his strikes with the stick at the riot shield and did not hit any officers directly with it militates in favor of giving him a lesser sentence than would be appropriate for a defendant who uses a dangerous weapon to make direct contact with an officer—or to even try to make direct contact with an officer,” according to Smith.
“He has always worked hard and contributed to society. He is an exemplary family man and community member. His actions in this case must be viewed as unusual.
