Saved by the Bell
Local Jan. 6 Rioter Gets Year in Jail, Pardoned Three Days Later
Marcus Smith of Fleming Island was caught up in the FBI dragnet that swept up more than 1,500 January 6 rioters. On Monday, he saw the consequences of his actions vanish as President Donald Trump pardoned nearly all those involved, while commuting the sentences of top conspirators.
No pardon list for lesser defendants has been released, but given confirmation that rioters convicted of assaulting police officers have already been released from prison, the Florida offender who merely helped bust through a door is surely home-free.
A federal jury in the District of Columbia had found Smith, 47, guilty of a felony offense of destruction of government property, referring to the interior door. The strongest evidence against him is a video of Smith helping other men smash it open. The FBI arrested Smith on Jan. 26, 2024 at Fleming Island.
In addition, Smith was found guilty of six misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building, act of physical violence in the Capitol grounds or buildings, and parading, demonstrating, or picketing in a Capitol building.
Right up until the end, his public defenders disputed the government’s assertion that it had cost $2,100 to repair the door. “The cumulative loss amount resulting from damage to the US Capital in the amount of $2,923,080.05 has no factual basis…There is simply insufficient information to determine the method and factors used to calculate the loss amount,” attorney Kevin A. Tate told the judge.
Tate also disputed the prosecution’s assertion that Smith had a commited a prior offense, “False Representation as a Licensed Contractor in Duval County, Florida.” He said that even if it were true, it did not meet criteria to be considered under federal sentencing guidelines.
On Friday, Judge Dabney L. Friedrich sentenced Smith to a year and one day in prison, 24 months of supervised release, $21,191 in restitution and $205 special assessment. Prosecutors had asked for two years of prison.
The judge had denied motions by the defense to postpone sentencing until after Trump’s inauguration.
Twenty-three people wrote character references for Smith, including a serving police officer, a billiards buddy and Smith’s ex-wife and current wife. There is no indication in the court record of any expression of remorse on Smith’s part, but some of the authors assured the judge that Smith really did regret what he had done.
“Marc is remorseful of the choices that he made that day. While I was not there, and by no means condone his behavior, I am writing to beg for leniency. I certainly understand that there must be consequences. He is committed to making amends. I am asking to please allow Marc to serve his penance by a probationary punishment,” Smith’s wife Andrea wrote.
“As Marc and I discussed the situation and the trial he expressed profound remorse for the decisions he made, acknowledging the impact not only on himself but also on his family, community and the broader society,” Alan Neal said.
“I have seen firsthand the toll this has taken on him emotionally, mentally, and spiritually. Marc has learned from this experience in ways that will forever shape his life, and I believe he is committed to ensuring nothing like this ever happens again.”
Call me if you want the real story. Marc