Maryland man sentenced for assaulting law enforcement officers, carrying firearm during Jan. 6 Capitol breach

Jun 07, 2023

A Maryland man was sentenced this month on multiple felony and misdemeanor convictions for his actions during the Jan. 6, 2021 Capitol breach. 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 presidential election.

Christopher Michael Alberts, 35, of Pylesville, Md., was sentenced to 84 months in prison after he was convicted of nine charges, including six felonies, following a jury trial in the District of Columbia before the Honorable Christopher R. Cooper. In addition to the prison term, Judge Cooper ordered 36 months of supervised release and restitution of $2,000.

According to the government’s evidence, Alberts arrived at the Capitol on Jan. 6, 2021, wearing a body armor vest containing metal plates, a two-way radio with a throat mic and a military backpack containing eight bungee cords, a flashlight, a ski mask, a meal-ready-to-eat kit, a first aid kit, military trousers and a pocket knife.

That day, Alberts carried with him, in a holster, a 9-millimeter pistol loaded with 12 rounds of ammunition and an additional bullet in the chamber. Alberts also wore a separate holster containing an additional 12 rounds of ammunition, which included “hollow point” bullets.

Evidence at trial showed that Alberts arrived at the Capitol grounds at or near the time of the first breach of the Peace Circle at 12:57 p.m. and traveled through multiple bike rack barriers, past snow fencing and “area closed” signs. Separating other rioters from outmanned U.S. Capitol Police Officers at around 1:05 p.m., Alberts told the rioters, “we’ll get them soon.” Alberts donned a gas mask at around 1:20 p.m.

At 1:48 p.m., Alberts ascended a metal bike rack to reach a banister of the Northwest Steps leading to the Capitol’s Upper West Terrace. Six minutes later, protected by his gas mask and body armor, Alberts grabbed an officer and then charged up the staircase holding a wooden pallet, making physical contact with the U.S. Capitol Police Officers defending the steps.

He was the first rioter to reach a middle landing of the Northwest Steps. Although his ascent to the Upper West Terrace was briefly stopped, Alberts was one of the first 15 rioters to reach the Upper West Terrace level at around 2:10 p.m. Other rioters nearby soon broke into the Capitol Building, but Alberts was sidelined for 30 to 45 minutes as the pepper spray used by officers on the steps began to seep into his gas mask.

Alberts then spent over two hours just steps from the Capitol Building, berating Metropolitan Police Department officers as “treasonous” and “communists,” alleging that the officers broke their oaths, and complaining that they were preventing him and his fellow rioters from doing their “duty to overthrow the government and reinstate a new government for the people.” Alberts yelled at them, “y’all wanted the war. You asked for it. Y’all got it.”

Alberts remained on Capitol Grounds over three more hours, continuing to yell at National Guard troops and uniformed officers from various jurisdictions. At 7:22 p.m., while finally clearing the Capitol Grounds of rioters, an officer observed a bulge on Alberts’s right hip, and Alberts was found to be in possession of the loaded firearm and arrested.

At sentencing, Judge Cooper explained that Alberts was no mere bystander to the events of Jan. 6 – he was a major participant who played a significant role in the eventual breach of the Capitol Building because he was the first rioter to physically confront an officer at the top of the Northwest Steps.

Judge Cooper determined that Alberts anticipated the events of Jan. 6 and prepared for them by protecting himself from law enforcement. Rejecting Alberts’ argument that he was a “protector,” Judge Cooper stated, “you certainly didn’t help the police.”

Judge Cooper applied a sentencing enhancement for obstruction of justice, identifying five instances in which Alberts testified falsely at trial. Judge Cooper said that Alberts had “spun a story” on the stand that contradicted video evidence and said that he had heard no remorse from Alberts about what he had done or acceptance of responsibility for his actions.

Judge Cooper also rejected claims that Alberts’ prosecution and conviction violated his First and Second Amendment rights, stating that the case was about a man who was trying to overturn the results of a free and fair election.

“In this country, you can’t make your voice heard by joining a mob to overrun the Capitol,” Judge Cooper said, “That’s not legitimate democracy. That’s mob rule.”

This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and was investigated by the FBI’s Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police Department, the Metropolitan Police Department and the U.S. Secret Service.

Since Jan. 6, 2021, more than 1,069 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.