‘Political violence personified’: After assaulting police, Capitol rioter gets second-longest sentence yet

WASHINGTON (CN) — David Dempsey, a Capitol rioter described by prosecutors as one of the most violent, was sentenced to 20 years in prison on Friday.

The 240-month sentence marks the second-longest prison term yet for any Jan. 6 defendant, behind only former Proud Boys leader Enrique Tarrio. Despite not being present for the riot itself, Tarrio was ordered to spend 22 years in prison for his lead role in planning the far-right group’s violence that day.

Dempsey spent more than an hour just outside the tunnel of the Lower West Terrace at the Capitol, where he climbed over other rioters to reach a police line barring entrance.

Once there, Dempsey fought officers with his hands, feet, flag poles, crutches, pepper spray, broken pieces of furniture and anything else he could use as a weapon. 

At one point, another rioter attempted to dissuade Dempsey from continuing his assault, pulling on his armored vest to stop him from hitting officers with a metal flag pole.

In response, Dempsey began kicking the man in the face, according to the Justice Department's sentencing memorandum.

U.S. Senior District Judge Royce Lamberth, a Ronald Reagan appointee, said in handing down the sentence that Dempsey’s conduct was especially egregious and clearly intentional.

Lamberth also expressed relief that the violent efforts of he and other rioters ultimately failed in their efforts to disrupt election proceedings and even harm lawmakers. “Had you succeeded, Jan. 6 would not just be remembered as a riot but seared into our public memory as a bloodbath,” he said.

Dempsey made a lengthy statement to the court, apologizing to a row of officers present in the packed courtroom.

In particular, he apologized to the two officers he was charged with assaulting: Metropolitan Police Department detective Phuson Nguyen and MPD Sergeant Jason Mastony.

“I know it’s hard to believe, but I really ain’t the same dude I was that day,” Dempsey told the court. Emphasizing the therapy he'd received while incarcerated, he asked for the “soonest possible second chance” to make up for his actions.

On Jan. 6, Dempsey used pepper spray on detective Nguyen after another rioter had compromised Nguyen's gas mask. That caused Nguyen extreme pain and nearly resulted in him losing consciousness. 

Soon after, Dempsey also smashed a crutch over the head of Mastony, causing his gas mask to crack.

Dazed and with his ears ringing, Mastony collapsed. The hit cut Mastony’s head, left serious bruising and made the officer believe he had a concussion. 

Mastony, who had declined to submit a victim statement in several other Jan. 6 cases, decided to submit one here. In the statement, he said Dempsey was one of the most violent rioters he had encountered on Jan. 6.

Continuing his court apology, Dempsey claimed he did not come to the Capitol with violence in mind. Instead, he said he was spurred into action at the sight of an elderly couple, who he said were “bloody and orange” after being hit and pepper spray from police.

“My hatred for what I deemed bullies and seeing people getting hurt overrode my reason,” Dempsey said. 

Lamberth was not persuaded by Dempsey’s apology. The judge appeared vindicated when — as Dempsey was walked back into custody — the defendant flashed the "okay" symbol.

Once innocuous, the symbol in recent years has come to be used by white supremacists, as the hand can been seen forming the letters W and P for "white power." Groups that monitor extremism, including the Anti-Defamation League and the Southern Poverty Law Center, now describe it as a hate symbol.

Leading up to the Jan. 6 riots, Dempsey traveled from California to D.C. He arrived at the Capitol decked out with a United States flag gaiter and body armor, including a tactical helmet and an armored vest.

Before making his way to the tunnel, Dempsey participated in an interview in front of a makeshift gallows. In the interview, he said the gallows were "necessary" and that the "time for peace talks is over," according to a recording presented by the Justice Department on Friday.

“Hopefully one day soon we really have someone hanging from one of these motherfuckers like they do in other countries,” Dempsey said in the video.

Justice Department prosecutor Douglas Brasher described Dempsey as "political violence personified.” He played footage from CCTV and other rioters, showing Dempsey standing on the shoulders of rioters and assaulting cops.

In January this year, Dempsey pleaded guilty to two counts of assaulting officers with a dangerous weapon. While plea agreements usually result in lower sentences, DOJ prosecutors in this case pushed for a whopping 262 months, citing Dempsey’s criminal history and record of violence, including not only at the Capitol but also at political protests in California. 

In at least four separate incidents in southern California, Dempsey was documented assaulting protesters. At one pro-Trump rally near the Santa Monica Pier in October 2019, Dempsey deployed pepper spray — turning a peaceful protest violent.

At another rally, he wrestled a protester to the ground, sprayed them point-blank with pepper spray and hit them in the head with a metal bat. He was not charged for assault in that case.

In the 43 months since the Capitol riot, more than 1,488 individuals have been arrested in connection to Jan. 6, and more than 562 defendants having been ordered to periods of incarceration.

Around 547 defendants have been charged with assaulting officers. Of those, 163 have been charged with using a dangerous weapon or causing serious bodily injury. 

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