A Texas man who threatened US Representative Alexandria Ocasio-Cortez on Twitter after storming the US Capitol on January 6, 2021, was sentenced Wednesday to more than three years in prison.
Garret Miller wore a shirt that read “I Was There, Washington DC, January 6, 2021” with a picture of President Donald Trump when law enforcement officers showed up at his Dallas-area home to arrest him two weeks after the riots. . Miller has spent more than two years behind bars since his arrest, and with credit for good behavior, he is expected to serve another eight months, according to his lawyer, F. Clinton Broden.
Miller, a 36-year-old from Richardson, was among many rioters who documented their actions that day in social media posts.
After Miller posted a selfie showing himself at the Capitol, a friend wrote, “bro you in?! Nice!” Miller replied, “just wanted to incriminate myself a little lol,” according to court papers.
On Jan. 6, he helped lead the charge when rioters broke down barriers and surrounded the east front of the Capitol, prosecutors said. He was twice briefly detained by police but released and told to leave because officers were overwhelmed fighting the crowd, prosecutors said.
Instead of leaving, Miller entered the Capitol, where authorities say he became aggressive with police and ignored their commands when they tried to force him out. He grabbed one officer’s baton and put his hand on the other when he resisted being kicked out of the Rotunda, according to prosecutors.
On the night of January 6, Ocasio-Cortez, a Democrat who represents parts of New York City, tweeted the word “Impeach.” Miller responded to him on Twitter with: “Shut down AOC.” The next day, he bragged to a friend with a message that the rioters were “scaring the congressman,” prosecutors said.
Shortly after the 2020 election, he also posted a threatening message to Senate Majority Leader Chuck Schumer’s Instagram account, writing “we’re coming for you,” according to prosecutors. U.S. Capitol Police referred the threat to the FBI, which at the time had been investigating Miller for the Jan. 6 actions, prosecutors said. He was not charged with threatening Schumer.
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The day after the riot, Miller shared a photo of the officer he believed shot Ashli Babbitt at the Capitol, prosecutors said. In a Facebook message on Jan. 10, Miller said he and others would grab the officer and “put a good rope around his neck,” according to court papers.
Miller’s attorneys have asked the judge to limit the time he serves, while prosecutors have sought four years in prison.
Miller’s attorney said in court documents that despite his client’s tweets about Ocasio-Cortez and messages about the officer, “there is no indication that she made any attempt to harm anyone.”
“It must always be remembered that, although Garret is fully responsible for the actions of individuals that day, his actions and the actions of many others are the rhetorical products of cult leaders who have not been brought to justice,” Broden said. in an email Wednesday. “Garret Miller was not the name on the flag carried by those who attacked the Capitol on a dark day in our nation’s history. “
In a letter to the judge, Miller called the social media post “disgusting and a complete disgrace” and apologized to Ocasio-Cortez, Schumer, the officer who took Babbitt and other officers Miller interacted with on January 6.
“I feel very sorry for not helping the police that day and helping with the damage and pain. It was unnecessary, barbaric, and disrespectful. I was proud, arrogant, and acted in anger. I need to be humbled,” he wrote.
Miller pleaded guilty in December to charges including interfering with law enforcement during a civil disorder, assaulting, resisting or impeding an officer and threatening Ocasio-Cortez.
Miller was charged separately this month in Texas federal court with one count of possession of an unregistered firearm, according to court documents. During his arrest on Jan. 6, authorities found an AR-style rifle in his home that had been set up to fire like a machine gun.
They are among nearly 1,000 people charged with federal crimes in connection with the Jan. 6 riots and more than 500 who have pleaded guilty. About 400 rioters have been sentenced, with more than half receiving prison terms ranging from seven days to 10 years.
Richer reported from Boston. Associated Press reporter Lindsay Whitehurst contributed from Washington.