Jan. 6 rioter who attacked numerous officers sentenced to 20 years
(WASHINGTON) — A California man convicted of carrying out some of the most extended and brutal assaults against police during the Jan. 6, 2021, attack on the Capitol was sentenced to 20 years in prison Friday.
The 20-year prison term for David Dempsey, handed down by senior D.C. District Judge Royce Lamberth, marks the second longest sentence yet for a defendant convicted in connection with the Capitol assault.
With several of Dempsey’s victims from the Capitol Police and D.C. Metropolitan Police in attendance in the courtroom during the trial, prosecutors played multiple videos showing Dempsey at one of the most violent exchanges of the riot near the Lower West Terrace of the Capitol — repeatedly striking, kicking, and throwing object after object at the police line trying to prevent the pro-Trump mob from swarming into the building.
In one video clip, Dempsey repeatedly swung a stolen metal crutch down onto an officer’s helmet, cracking the face shield.
One officer who Dempsey struck testified that he believed he was going to die and that his thoughts began drifting to his family.
Judge Lamberth described Dempsey’s offenses as “exceptionally egregious” before handing down the sentence, which he said was further warranted due to Dempsey’s lengthy criminal history and past instances where he had attacked political opponents during protests in 2019 and 2020.
The judge, a Reagan appointee, said that “fortunately” Dempsey’s efforts to break through the police line were not fruitful, as it would likely have resulted in a “bloodbath” for lawmakers sheltering inside the building.
“David Dempsey is political violence personified,” a prosecutor said in making the case for Dempsey’s harsh sentence.
Prior to receiving his sentence, Dempsey addressed the court and spoke of his “profound sense of regret” for his actions, issuing a personal apology to the police gathered in the room.
After receiving the sentence, however, Dempsey — as he was escorted out by the bailiff — made a hand sign in the air that is commonly associated with “white power” or the white supremacist Groyper movement.
Federal prosecutors have charged more than 1,265 defendants and secured prison sentences for more than 460 people involved in the Capitol attack, according to figures released early this year by the U.S. attorney’s office in Washington, D.C.
(LOS ANGELES) — After hours of legal wrangling on Thursday, Hunter Biden agreed to plead guilty to nine tax-related charges in a last-ditch bid to avoid a lengthy and potentially embarrassing trial in Los Angeles.
The president’s son initially offered a so-called “Alford plea,” in which he would agree to a guilty plea on the counts but maintain his innocence on the underlying conduct of the charges. But when prosecutors opposed that path – and U.S. Judge Mark Scarsi expressed some hesitation in granting it – attorneys for Hunter Biden said he would enter a traditional guilty plea.
“Mr. Biden is prepared to proceed today and finish this,” Abbe Lowell, an attorney for Hunter Biden, said Thursday afternoon in court.
Wise had accused Hunter Biden of seeking special treatment with the proposed Alford plea.
Prosecutors alleged that Hunter Biden had engaged in a four-year scheme to avoid paying $1.4 million in taxes while spending hundreds of thousands of dollars on exotic cars, clothing, escorts, drugs, and luxury hotels. He had originally pleaded not guilty to a nine-count indictment that includes six misdemeanor charges of failure to pay, plus a felony tax evasion charge and two felony charges of filing false returns.
All back taxes and penalties were eventually paid in full by a third party, identified by ABC News as Hunter Biden confidant Kevin Morris.
Thursday’s court appearance comes three months after Hunter Biden was convicted by a Delaware jury on three felony charges related to his purchase of a firearm in 2018 while allegedly addicted to drugs. His sentencing in that case is scheduled for Nov. 13.
What did prosecutors allege?
In their 56-page indictment, prosecutors alleged that Hunter Biden willfully avoided paying taxes by subverting his company’s own payroll system, that he failed to pay his taxes on time despite having the money to do so, and that he included false information in his 2018 tax returns.
“[T]he defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment alleged.
Prosecutors also highlighted millions of dollars that Hunter Biden received from overseas business in Ukraine, China, and Romania in exchange for “almost no work.”
Although Hunter Biden eventually paid back all his back taxes and penalties with the help of a third party, Judge Scarsi blocked defense attorneys from introducing that information to the jury.
“Evidence of late payment here is irrelevant to Mr. Biden’s state of mind at the time he allegedly committed the charged crimes,” Scarsi wrote in an order last week.
Last June, Hunter Biden agreed to plead guilty to two misdemeanor offenses, acknowledging that he failed to pay taxes on income he received in 2017 and 2018. The deal also allowed him to enter into a pretrial diversion agreement to avoid criminal charges related to his 2018 firearm purchase.
Had the deal worked out, Hunter Biden would have likely faced probation for the tax offenses and had his gun charge dropped if he adhered to the terms of his diversion agreement.
However, the plea deal fell apart during a contentious hearing before U.S. District Judge Maryellen Noreika, who took issue with the structure of the deal.
By September, the special counsel had unsealed an indictment in Delaware charging Hunter Biden for lying on a federal form when he purchased a firearm in 2018.
The federal indictment in Los Angeles for the tax crimes followed in December.
ABC News’ Olivia Rubin contributed to this report.
(NEW YORK) — The Manhattan district attorney’s office has begun presenting evidence to a grand jury that could return a new indictment against Harvey Weinstein — as soon as Friday — over an alleged sexual assault that occurred sometime in a four-month time period between late 2005 and mid-2006 in a lower Manhattan residential building, according to a transcript of an unannounced court hearing this week.
Prosecutors also indicated during a hearing on Tuesday they were aware of two other potential offenses: a sexual assault in May 2016 in a hotel in Tribeca and a potential sexual assault that occurred at the Tribeca Grand hotel.
Providing notice to the defense of potential offenses does not guarantee what charges a new indictment might contain. The grand jury’s term is scheduled to end Friday, at which point prosecutors could put potential charges to a vote.
A spokeswoman for the Manhattan DA’s office declined to comment.
Weinstein’s lawyer, Arthur Aidala, signaled during the hearing that Weinstein could testify himself before the grand jury.
“Mr. Weinstein is very, very seriously considering going — wheeling himself into the grand jury and letting the grand jurors see what he looks like these days,” Aidala said, according to the transcript.
Weinstein has denied any wrongdoing and has said his sexual encounters were consensual.
The New York Court of Appeals, in a 4-3 opinion, overturned his 2020 rape conviction. He remains held at Rikers Island while he appeals a conviction in Los Angeles.
The Manhattan DA’s office signaled this summer it would retry Weinstein and prosecutors revealed they had spoken to other alleged victims whose accounts were not part of the original case.
(MEMPHIS, Tenn.) — “I wanted some kind of revenge. I was seeing red,” one of the former Memphis, Tennessee, officers who pleaded guilty to charges connected to the death of Tyre Nichols said on the witness stand Monday evening.
The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Nichols continued Tuesday morning after prosecutors called ex-officer Emmitt Martin III to the stand, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Martin, whose nickname on the force was “Full Can” for what prosecutors said was his use of pepper spray against suspects, started Tuesday’s testimony by watching the footage from the night of Nichols’ stop, WATN reported.
“They were assaulting him,” Martin said of his former partners. “I was already angry that he ran. I kicked him … They [his former partners] were holding him up. He was helpless.”
Martin admitted to kicking Nichols four times and punching him five times and said the Memphis resident remained passive even when officers were aggressive with him, according to WATN.
Martin testified at the trial of former officers — Tadarrius Bean, Demetrius Haley and Justin Smith — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Martin and Desmond Mills Jr, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
“You get your a– beat,” Martin said when prosecutors asked about a term his former unit used called the “run tax”, which referred to the consequences suspects paid for running from police, WATN reported.
Body camera video shows Martin tossing his camera so their confrontation with Nichols wouldn’t be recorded. Martin admitted to not using his body camera video and said he was unaware of the Skycop camera recording the incident above them until he saw it on the news, WATN noted.
“If I couldn’t justify, I would have to cover it up. I’m not going to tell on them [my partners] and they’re not going to tell on me. It was understood,” Martin said. “I lied.”
According to WATN, in police reports, narratives read that Nichol swung at officers and tried to grab Martin’s gun. Martin said he never saw that occur.
The ex-officer claimed that he was hit by a car in November 2022 and returned to work Jan. 3, 2023, according to WATN. Martin said he was scared, angry and eager to show he could still do the job and wanted revenge for being struck by a vehicle.
On Jan. 7. 2023, the night Nichols was pulled over, Martin said he saw Nichols speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Prosecutors noted that Martin and Haley were called the “Smash Brothers,” according to WATN.
Martin said he blocked Nichols’ car once he caught up to him — a maneuver department policy designates only for felonies — resulting in Martin escalating it to a felony stop even though it wasn’t, WATN reported.
Martin claimed that he and Haley both approached Nichols’ vehicle with guns drawn and Haley pulled him out, WATN noted.
“No, never got a chance to,” Martin said when asked if he gave Nichols any reasons for why they pulled him over, according to WATN. “Just didn’t.”
“You can be charged by the department and possibly [end up] here,” Martin said when prosecutors asked what his police training taught him about use of force, WATN reported.
Martin said they should’ve analyzed the situation first and gotten control of Nichols’ hands, WATN noted. He added that conflicting commands were given to Nichols during the arrest.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes after. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
SCORPION’s goal was to get guns and drugs off the street. Martin said that officers were picked based on productivity and remaining a member of the team depended on their statistics, WATN reported. Martin said they had zero arrests the night he spotted Nichols and they were told that if one officer had hands on someone that everyone had to have hands on them, WATN noted.
The trial was paused for lunch and Martin’s testimony continued after, according to WATN.