The motion, which was filed in the U.S. District Court of D.C., would cut Straka's probation by about half.
OMAHA, Neb. —
A Nebraska man convicted for his role in the Jan. 6 riots has filed to have his probation ended early.
In 2022, Brandon Straka was convicted of Violent Entry and Disorderly Conduct on Capitol Grounds, a misdemeanor. Straka, who's from Omaha, was a speaker at a rally that day and posted live video at the U.S. Capitol where he can be heard yelling, "Go. Go. Go."
He's also accused of chanting "take it, take it," along with a crowd that was overpowering a capitol police officer and his shield.
During his sentencing, Straka expressed remorse and said Jan. 6 is "nothing more than an incredibly shameful day."
He was sentenced to three years probation, including three months of house arrest, and a $5,000 fine.
According to his motion for early release, Straka's attorney said he's complied with all of the terms of his probation, has a job offer in New York, has support from his probation officer, and collected $20,000 that he donated to two police charities.
His attorney, Nicholas Smith writes, "This case has turned Straka's life upside down. He has been vilified in the press. Family and friends have shunned him."
Smith continues that Straka has expressed clear remorse and "no evidence suggests that Straka has not been sufficiently deterred by his punishment and these unforgiving social realities."
But the U.S. attorney prosecuting the case disagrees.
In a response filed Aug. 23, U.S. Attorney Matthew Graves said the full term of probation, which has about 17 months left, is needed to ensure Straka continues to refrain from engaging in criminal activity.
He said Straka's move to New York would not necessitate the need for early termination of his probation.
Graves includes three email exhibits in the filing. They're from concerned citizens who don't believe Straka should be released early.
One is from a Florida attorney who said he was called names and yelled at by Straka during a protest at Mar-a-Lago in March. Another lists numerous links to Straka's social media comments over the last year and a half.
Since Straka's apology at sentencing, according to Graves, "Straka used his social media to belittle the severity of his plea and the pleas of other rioters, and he has chosen to use his platform to re-litigate his conduct on that day."
Gravse concludes, "While the government does not seek to punish Straka for his political speech or views, which he is free to espouse, his lack of acceptance of responsibility is concerning."
There's no timeline for the decision, which is now in the hands of Judge Dabney L. Friedrich.
www.ketv.com
OMAHA, Neb. —
A Nebraska man convicted for his role in the Jan. 6 riots has filed to have his probation ended early.
In 2022, Brandon Straka was convicted of Violent Entry and Disorderly Conduct on Capitol Grounds, a misdemeanor. Straka, who's from Omaha, was a speaker at a rally that day and posted live video at the U.S. Capitol where he can be heard yelling, "Go. Go. Go."
He's also accused of chanting "take it, take it," along with a crowd that was overpowering a capitol police officer and his shield.
During his sentencing, Straka expressed remorse and said Jan. 6 is "nothing more than an incredibly shameful day."
He was sentenced to three years probation, including three months of house arrest, and a $5,000 fine.
According to his motion for early release, Straka's attorney said he's complied with all of the terms of his probation, has a job offer in New York, has support from his probation officer, and collected $20,000 that he donated to two police charities.
His attorney, Nicholas Smith writes, "This case has turned Straka's life upside down. He has been vilified in the press. Family and friends have shunned him."
Smith continues that Straka has expressed clear remorse and "no evidence suggests that Straka has not been sufficiently deterred by his punishment and these unforgiving social realities."
But the U.S. attorney prosecuting the case disagrees.
In a response filed Aug. 23, U.S. Attorney Matthew Graves said the full term of probation, which has about 17 months left, is needed to ensure Straka continues to refrain from engaging in criminal activity.
He said Straka's move to New York would not necessitate the need for early termination of his probation.
Graves includes three email exhibits in the filing. They're from concerned citizens who don't believe Straka should be released early.
One is from a Florida attorney who said he was called names and yelled at by Straka during a protest at Mar-a-Lago in March. Another lists numerous links to Straka's social media comments over the last year and a half.
Since Straka's apology at sentencing, according to Graves, "Straka used his social media to belittle the severity of his plea and the pleas of other rioters, and he has chosen to use his platform to re-litigate his conduct on that day."
Gravse concludes, "While the government does not seek to punish Straka for his political speech or views, which he is free to espouse, his lack of acceptance of responsibility is concerning."
There's no timeline for the decision, which is now in the hands of Judge Dabney L. Friedrich.
Omaha man convicted for role in Jan. 6 riot wants probation to end early
The motion, which was filed in the U.S. District Court of D.C., would cut Straka's probation by about half.
www.ketv.com
