The US District Court for the District of Columbia on Friday sentenced California resident David Nicholas Dempsey to 20 years imprisonment for attacking police in the course of rioting at the US Capitol on January 6, 2021.
On September 9, 2021, Dempsey was indicted on 11 counts of crimes involving disruptive conduct in a restricted building, obstructing official proceedings and attacking police. Dempsey entered into a plea agreement on September 19, 2023, pleading guilty to two counts of assaulting police with dangerous weapons.
On September 4, 2021, Dempsey traveled by flight from California to Michigan where he met up with two individuals. They traveled by automobile from Michigan to Washington, DC the next day. In front of hanging gallows on the morning of January 6, 2021, Dempsey stated in an interview:
[Everyone needs to] know this is what happens when you are a treasonous piece of shit who doesn’t belong in this fuckin’ country and has this fuckin’ country’s worst objective at heart … Them worthless fuckin’ shitholes like fuckin’ Jerry Nadler, fuckin’ Pelosi, uh Clapper, Comey, fuckin’ all those pieces of garbage, you know, Obama, all these dudes, Clinton, fuck all these pieces of shit. [Stringing them up] is what they need. They don’t need a jail cell.
The prosecution’s sentencing memorandum gives their account of Dempsey’s actions during the January 6th riots. They said that Dempsey climbed on top of other rioters to move towards the front of the riot. Once he reached the front, he attacked police with various objects he could get his hands on, including pepper spray and metal crutches. He teamed up with another rioter to pepper spray a police officer, burning his “lungs, throat, eyes and face and left him gasping for breath, fearing he might lose consciousness and be overwhelmed by the mob.” Soon after, Dempsey hit another officer’s head with a metal crutch so hard that the protective shield of his gas mask broke and the officer to fell with his ears ringing.
The sentencing memorandum discusses Dempsey’s extensive criminal history as a factor to be considered for his sentencing. The prosecution asserts that he has pled no contest to committing burglaries, trafficking drugs, evasion of law enforcement and assault with burning chemicals. The prosecution also asks the court to consider Dempsey’s history of violence at political protests and rallies, though Dempsey was never charged for his actions during the mentioned political events. Based on the seriousness of Dempsey’s crimes during the January 6th riots and his criminal background, the prosecution recommended around 22 years imprisonment, a subsequent three years of supervised release, $2000 in restitution and a $200 fine.
The court’s sentencing order agreed with the prosecution’s restitution and fine recommendation. However, the order had a shorter imprisonment of 20 years and a shorter subsequent supervised release of 36 months.
