WASHINGTON (CN) — Attorneys who insisted their client has the “coping skills of a 4-year-old” proved unable Monday to secure a lenient sentence for the Washington man after he assaulted a police officer with a metal baton during the riot at the U.S. Capitol.
Defense attorney Elizabeth Kelley argued that because Devlyn Thompson, 28, has Asperger’s syndrome, he functions as a young child in many ways, and his lack of full social understanding merits consideration in deciding his punishment.
“ASD individuals can get embroiled in situations where they don’t know the consequences,” Kelley wrote in her sentencing memorandum, using an abbreviation for autism spectrum disorder. “Mr. Thompson had the socialization and communication skills of a young child, but at the same time had the intellectual capacity to maintain politics as his main special interest.”
Kelley said those factors, along with the fact that Thompson has very few friends, created the perfect storm for Thompson on Jan. 6.
In court Monday, U.S. District Judge Royce C. Lamberth told Thompson that he couldn’t justify a downward departure from the sentencing guidelines, given that Thompson violently fought in the Capitol’s West Terrace tunnel for nearly 15 minutes — yelling obscenities at officers, throwing objects — including a large audio speaker which hit a fellow rioter and drew blood — and helping members of the mob take riot shields away from police.
At one point, Thompson struck an officer with a metal baton in an attempt to knock pepper spray out of the officer’s hand.
“Your case is a difficult one for me,” Lamberth told Thompson, noting that Thompson gave a sincere and heartfelt apology, has fully cooperated with law enforcement, and has had numerous friends and family members vouch for his character. “I take your actions that day as an anomaly.”
Thompson was the second Capitol rioter to plead guilty to assaulting a police officer, and received only a slightly longer sentence than the 41 months behind bars that was given to Scott Fairlamb — a New Jersey gym owner who was the first to accept a guilty plea for assault.
In another court hearing Monday, a federal judge heard a bid from a Capitol rioter who has been jailed for 11 months while fighting the charges against him related to fighting with Capitol police in the tunnel. Ryan Nichols said he should be let out because he was acting in self-defense, but prosecutors showed U.S. District Judge Thomas F. Hogan multiple videos in court Monday of Nichols screaming obscenities, riling up the crowd and assaulting an officer.
“It’s hard to imagine a clearer picture of dangerousness,” the government told the court.
Earlier on Monday, a Capitol rioter who went inside Senator Jeff Merkley’s office — and was incriminated by his wife who posted about his journey on social media — was sentenced to one year of probation, a $2,500 fine and 200 hours of community service.
“I am ashamed to be here today,” Gary Edwards, 68, told U.S. District Judge James E. Boasberg, saying that his actions at the Capitol on Jan. 6 have caused lasting damage to his family. His wife, Lynn Edwards, also addressed the court, and apologized for posting on social media.
“It was a terrible day in the history of our country,” Lynn Edwards said.
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