KNOXVILLE, Tenn. (WATE) — A Tennessee man was convicted of eight felony charges related to the January 6, 2021 Capitol Breach according to FBI Knoxville.
FBI Knoxville and the Department of Justice released Joseph “Jose” Lino Padilla, 42, of Cleveland, Tennessee, was convicted of 10 charges, including eight felony charges, in relation to his actions during the Capitol Breach. According to the DOJ, after he reached Capitol grounds on Jan. 6, 2021, Padilla forced his way into the Tunnel and threw a flag pole in the Tunnel, striking an officer in the helmet.
Padilla also messaged family saying he had been beaten, sprayed, and tased and was resting before going back in, and that they were pushing against the door and had to take a break, according to the DOJ release. The court also says Padilla told his family, “It’s not a rally anymore it’s a revolution.”
After the riot, the DOJ says Padilla posted on social media, saying: “[T]he Declaration of Independence, one of our founding documents, specifically gave me the right to do what I did. ‘… it is the Right of the People to alter or to abolish it, and to institute new Government,’” and “Yeah, I’m proud of what I did yesterday. It’s guns next, that’s the only way.”
The felony charges that Padilla was convicted of were:
- Civil disorder (two counts)
- Assaulting, impeding, or resisting officers
- Assaulting resisting or impeding certain officers with a dangerous weapon
- Obstruction of an official proceeding
- Entering and remaining in a restricted building or grounds with a deadly or dangerous weapon
- Disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon
- Engaging in physical violence in a restricted building or grounds with a dangerous weapon.
The misdemeanor charges that Padilla was convicted of were disorderly conduct on the Capitol grounds or buildings and an act of physical violence in the Capitol grounds or buildings.
Padilla’s sentencing is scheduled for September 13, 2023. According to the DOJ, each of the most serious assault charges and the obstruction charge carry a statutory maximum sentence of up to 20 years in prison.
In the over two years since the Capitol Breach, the DOJ says more than 1,000 people were arrested in nearly all 50 states for crimes related to the breach, and more than 320 were charged with assaulting or impeding law enforcement. The investigation remains ongoing, the DOJ says. Anyone with information can call 1-800-225-5324 or visit tips.fbi.gov.