(CN) — A Texas woman who posted on social media that a “revolution” was going to happen on Jan. 6, 2021, then live-streamed herself inside the U.S. Capitol during the riot, was sentenced to two months’ probation.
“Your words were powerful. Your words hurt people,” U.S. District Judge Timothy McFadden told Jenny Cudd during her sentencing hearing on Wednesday.
Cudd, 37, of Texas, posted on social media on the eve of Jan. 6 that she believed a revolution would occur the next day and that “nobody wants bloodshed but the government works for us and unfortunately it appears that they have forgotten that.”
McFadden, a Trump appointee, said the post suggests she was not simply “caught up in the moment” during the riot and that she might have wanted to be part of something “violent.”
The flower shop owner was indicted two days after livestreaming on Facebook while inside the U.S. Capitol on Jan. 6. She can be heard saying, “we did break down Nancy Pelosi’s door,” and “Hell yes, I am proud of my actions.”
Cudd struck a deal with prosecutors in November and agreed to plead guilty to entering and remaining in a restricted area or building in exchange for the four other charges against her to be dropped, including obstruction and disorderly conduct. The charge carries a maximum sentence of up to one year in prison and a fine of up to $100,000. Prosecutors sought 75 days in jail, while Cudd asked to pay a $50 fine.
She told McFadden on Wednesday that she regrets her actions and that she did not know she was committing a crime by entering the Capitol during the riot.
“I did not realize, at the time, that I was breaking the law when I walked inside through open doors to the Capitol,” she told the judge. “When I said on TV that I didn’t do anything unlawful I genuinely meant that I did not believe that I did anything illegal.”
Cudd was referring to an interview with NewsWest 9 two days after the riot in which she said she would “absolutely do it again.”
McFadden told Cudd he was angry while listening to her comments in video evidence submitted by the government. He said by Jan. 8, she should have known the “full impact” of the riot given the reports of officer injuries and deaths.
Her comments showed “brazenness” and a “lack of remorse,” he said.
McFadden added that he appreciated her statement, but is concerned that she only wrote it because she got caught, as opposed to being sincerely remorseful.
Nevertheless, she received a much lighter sentence than the 75 days in prison sought by prosecutors.
The judge said her charge was a “very minor violation” compared to some others charged in connection with the riot. He noted that she was only inside the building for 19 minutes, she did not attack anyone or damage any property and that she claims to have left the building when a police officer told her to.
McFadden told Cudd his decision to sentence her to two years’ probation comes “in light of the comments made in [the] days afterward and my concerns about your remorse.”
He also ordered her to pay a $5,000 fine, $500 in restitution and a $25 special assessment fee. Cudd is among more than 775 people charged in connection with the Capitol riot. Her co-defendant, Eliel Rosa, pleaded guilty to a misdemeanor charge of unlawful picketing and received a sentence of one year of probation in October.
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