Ottawa man gets 18 months for role in Jan. 6 U.S. Capitol protest

An Ottawa man was sentenced Friday to 18 months in federal prison for pushing members of the National Guard during the Jan. 6, 2021, protests at the U.S. Capitol.

Mathew W. Capsel, 29, stood for sentencing in U.S. District Court for the District of Columbia in Washington, D.C. There, he had pleaded guilty Sept. 2 to one count of civil disorder in federal court in Washington, D.C.

Capsel was initially charged with three felonies, including assault of federal officers, after an FBI investigation. Capsel was filmed “fighting against National Guardsmen until he (was) pepper sprayed, as shown in the last screenshot. Specifically, the video depicts Capsel charging against a lined group of National Guardsmen, running into their protective shields,” according to court records.

Capsel was charged Jan. 19, 2021, less than two weeks after protesters stormed the U.S. Capitol. An FBI agent reviewed videos and collected witness statements identifying Capsel – based on his facial features and a prominent tattoo – as one of the protesters who tussled with the National Guard. He was later apprehended in Southern Illinois.

Friday, Capsel declined to make a statement to his sentencing judge, Tanya Chutkan, who termed the Jan. 6 riot an “attempt to overthrow the government” and “it almost succeeded.”

“I’m concerned that you got in your car and drove all the way to Washington, D.C. to mix it up, because that’s what I think happened,” Chutkan said. The judge added later, “You’re not a monster. You’re not somebody incapable of turning your life around. You’re a mixed bag. You’ve been in trouble and this is your biggest one so far.”

Defense attorney Christopher Davis asked Chutkan for one year and one day in custody, arguing that Capsel’s role in the riot and his criminal history were somewhat exaggerated. Capsel’s record included an unspecified juvenile offense but otherwise what consisted of what even Chutkan acknowledged were “minor run-ins” with the law.

Capsel, Davis said, wielded no weapon, arrived with no protective gear (he was handed eye protection after arrival) and the contact with the National Guard was limited to touching a protective shield with his shoulder for seven seconds or less.

“I can honestly tell that this man is remorseful,” Davis said. “He was in a bad place and hopefully he’s in a better place now.”

But federal prosecutor Brian Brady requested 31 months in prison, citing Capsel’s failed attempts at probation – “He was given leniency and it’s never worked” – but also his active role in stoking “a violent mob.”

Brady played three video snippets (a total of seven were submitted to the judge for review) in which Capsel could be heard telling other rioters to “hold the line” and push against the National Guard, which he himself did after a curfew was imposed.

Brady acknowledged that he didn’t enter into the Capitol but that this was “despite his best efforts” and “he was there for a fight.”

“He wasn’t remorseful on Jan. 6. He wasn’t remorseful on Jan. 7,” Brady said. “He was only remorseful after he was caught.”

Chutkan settled on a mid-range sentence of 1½ years followed by 24 months’ supervised release plus $2,000 in restitution. The judge said Capsel merited some time off for not entering the U.S. Capitol and in consideration of his three minor children. Nevertheless, Chutkan said his Jan. 6 conduct deserved something north of a minimum sentence.

“You also didn’t leave,” the judge said. “You were yelling. You were getting sprayed. You’re encouraging people. And you’re there after curfew.”

Capsel was not immediately taken into custody. Chutkan permitted him to surrender to authorities at a date to be determined.