First man to breach Capitol on Jan. 6 gets 53 months in prison

WASHINGTON (CN) — A Kentucky man who was the very first Capitol rioter to breach the building on Jan. 6, 2021, was sentenced to 53 months in prison on Tuesday.

Michael Sparks, 47, climbed through a broken window near the Senate Wing Door that had been smashed by Proud Boy Dominic Pezzola with a stolen riot shield — an action prosecutors described as a “green light” for other members of the mob to follow suit.

Sparks entered the building just one minute before former Vice President Mike Pence and senators were able to evacuate.

As he handed down the sentence of nearly four and half years, U.S. District Judge Timothy Kelly, a Donald Trump appointee, warned that Sparks’ actions set a dangerous precedent and opened “a Pandora’s Box” that broke the peaceful transfer of power and raised concerns for future elections.

Sparks apologized before the court to officers including U.S. Capitol Police Sgt. Victor Nichols, who was on the other side of the window Sparks entered. But he repeatedly expressed his belief that the 2020 election was stolen.

“I’m an American citizen who believes to this day that we live in tyranny,” Sparks said. “I am remorseful — not remorseful that I that I went up there to have my voice heard. I’m remorseful that our country is in the state it is in today.”

Kelly emphasized that the sentence was not the result of Sparks’ political beliefs, or even that he still believed the election had been stolen, but said he could not accept that admission as one of remorse.

“The reality is it was pretty dark behavior,” Kelly said. “I don’t think you appreciate the full gravity of what happened that day and the full seriousness of what you did.”

Sparks had asked Kelly to impose a 1-year sentence of home incarceration, arguing that he was less culpable for the events of the riot than others, like Pezzola and those who assaulted police.

“We, as a society, do not believe in collective guilt,” said Sparks’ attorney, Kentucky federal defender Scott Wensdelsdorf, pushing back on the idea that Sparks was a “leader” of the mob.

**Sgt. Nichols, on the other hand, urged Kelly to impose a hefty sentence on Sparks for setting off the chain of events that day. He spoke about the burden of the riot on himself and his fellow officers, four of whom committed suicide after the riot. **

Nichols testified at Sparks’ trial that before Sparks and the mob entered the building, he texted his family that he loved them, out of fear he would die that day.

Jurors convicted Sparks in March on five counts: civil disorder, entering and remaining on restricted grounds, disorderly conduct in a restricted building, disorderly conduct in a Capitol building and parading in a Capitol building.

According to theJustice Department’s sentencing memorandum, on Jan. 6, Sparks traveled with a group of coworkers from Elizabethtown, Kentucky, to Washington, where he opted to watch Trump’s “Stop the Steal” rally from afar due to wearing bulletproof vests under his clothes.

Once he arrived at the Capitol, Sparks marched with the crowd to a police line at the Northwest Stairs, where he was among the first rioters to break the line, forcing officers to retreat to the Upper West Terrace, which the mob quickly overwhelmed. Sparks then ran to the nearest entrance, the Senate Wing Door, and entered through the window Pezzola had smashed.

Despite being pepper-sprayed in the eyes, Sparks continued to climb inside. Nichols testified at trial that Sparks’ entry was “the catalyst for the building being completely breached.”

Sparks, at the head of a group of rioters inside, encountered U.S. Capitol Police Officer Eugene Goodman, and demanded that he reveal the location of the lawmakers as they were evacuating in plain sight just behind him.

Goodman was then able to trick the rioters into chasing him up another stairwell toward the Senate Chamber doors, away from the evacuating lawmakers, leading to a confrontation with additional officers.

According to Goodman’s trial testimony, Sparks was one of the rioters who concerned him the most because he was one of the loudest in the group. But after a few minutes outside the Senate doors, the officers managed to cool the situation, causing Sparks to retreat and ultimately leave the Capitol.

In the 43 months since the riot, more than 1,488 defendants have been charged in connection with the Capitol riot. Of those, over 562 have been sentenced to periods of incarceration.

After passing down the sentence, Kelly wished Sparks good luck.

“You’re going to have to pay your debt here,” Kelly said. “I’ll keep you in my prayers as you pay that debt.”

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