WASHINGTON – A Miami man was sentenced to 12 months in prison after being convicted of a felony charge related to his conduct during the breach of the U.S. Capitol on Jan. 6, 2021.
Gabriel Augustin Garcia, 43, was sentenced by U.S. District Judge Amy Berman Jackson to the prison term as well as 24 months of supervised release and ordered to pay $2,000 in restitution.
“His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election,” the U.S. Department of Justice wote in a news release.
Garcia had been convicted of two felony charges of obstruction of law enforcement during a civil disorder and obstruction of an official proceeding. After the U.S. Supreme Court’s decision in Fischer v. United States, the government moved to dismiss Garcia’s conviction on obstruction of an official proceeding.
The Department of Justice submitted a statement of facts on Jan. 17, 2021, that includes images of Garcia.
Capitol Police
Garcia said he was member of the Vice City Chapter of the Proud Boys, which was led at the time by Enrique Tarrio, the national chairman of the Proud Boys.
In the leadup to Jan. 6, Garcia was hand-selected by Tarrio to join a national rally planning chapter of the Proud Boys called the “Ministry of Self Defense” or MOSD, prosecutors said.
Garcia participated in Telegram message groups among the members of the MOSD. In the exchange among the members of the MOSD, they discussed the potential for violence at the Capitol on Jan. 6.
On Jan. 3, 2021, Garcia posted a message that read, “1776 flag flying over the White House last night” and then later added, “time to stack those bodies in front of Capitol Hill.”
A large group of Proud Boys gathered at the Washington Monument at 10 a.m. before marching toward the Capitol building and away from the planned speeches at the Ellipse, including by President Donald Trump.
Garcia wasn’t initially with the group but at approximately 1 p.m., messages were posted in the Boots on Ground group that said, “Storming the capital building right now!!” and “Get there[.]”
Garcia proceeded to the Capitol and joined a group that unlawfully entered the building.
He documented his incursion into the Capitol building in a series of videos that he live-streamed to Facebook. As he was en route to the Capitol building, Garcia recorded a video of himself exclaiming, “Alright, going to the Capitol. You can’t stop all this, look at this. No way.”
Garcia entered the Capitol building through the Senate Wing door less than five minutes after the initial breach of the building. Garcia filmed himself as he approached officers in the Crypt.
In his video, Garcia boasted: “We just went ahead and stormed the Capitol.”
Garcia moved to the front of the line of rioters and stood within feet of officers were attempting to stop the rioters from moving farther into the building. Garcia saw an individual push forward and attempt to breach the line of officers. As officers controlled the individual, Garcia began to yell, “F- you guys, you f-ing traitors.” Garcia continued to yell at the officers, telling them “You ain’t stopping a million. You ain’t gonna hold a million back today” and “How does it feel being a traitor to the country? How does it feel?”
Eventually, the crowd broke through the line of officers. Garcia joined in the breach of the line of officers and advanced further into the Capitol building.
Garcia then entered the Rotunda of the Capitol, where he recorded himself yelling, “Nancy, come out and play!” and then later chanting menacingly, “Nancy…Nancy…”
Almost 45 minutes after entering the Capitol building, Garcia joined rioters collectively attempting to push through a line of officers who were guarding a doorway. Garcia and the rioters were unsuccessful, and Garcia was removed from the building approximately one hour after he first entered.
The FBI arrested Garcia on Jan. 19, 2021, in Miami.
In the 47 months since Jan. 6, 2021, more than 1,572 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 590 individuals charged with assaulting or impeding law enforcement, a felony.
