KNOXVILLE, Tenn. (WATE) — A Tennessee man was sentenced on September 13 for his actions during the breach of the U.S. Capitol on Jan. 6, 2021.
Joseph “Jose” Lino Padilla, 43, of Cleveland was sentenced to 78 months in prison. In addition to the prison term, Padilla was ordered to serve 24 months of supervised release and to pay restitution of $2,000.
In May, Padilla was found guilty of 10 charges, including eight felony charges, in relation to his actions during the Capitol breach. According to the DOJ, the former prison corrections officer forced his way into the Tunnel and threw a flag pole, striking an officer in the helmet.
According to the DOJ, Padilla called officers outside the capitol “traitors” and “oath breakers.” He also told an officer they “had a duty to refuse unconstitutional orders.”
Padilla messaged a family member, “It’s not a rally anymore it’s a revolution” during the violence at the capitol. In total, the DOJ said Padilla “spent three hours on the West Front of the Capitol, breaking through police lines, rallying other rioters to join him, and relentlessly berating police.”
The day after the riot, Padilla posted on social media, “[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 case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, with assistance from the U.S. Attorney’s Office for the Eastern District of Tennessee. The FBI’s Knoxville and Washington Field Offices investigated the case and were aided by the U.S. Capitol Police and the Metropolitan Police Department.