Ex-Oath Keepers, including heavy metal guitarist, avoid…

WASHINGTON (AP) — Two former members of the far-right extremist group Oath Keepers, including a guitarist for a heavy metal band, avoided prison Friday for their roles in the January 6, 2021, US Capitol riots after pleading guilty to federal charges and cooperating with investigators.

Jon Ryan Schaffer, who founded the band Iced Earth, was the first January 6 defendant to plead guilty in 2021. In accepting a sentence of three years of probation, U.S. District Judge Amit Mehta credited Schaffer for his decision to quickly accept responsibility.

In a separate case Friday, another former Oath Keeper was also sentenced to probation after the judge and prosecutor praised him for his extensive cooperation with investigators, including his testimony at two trials. The judge told Caleb Berry, 23, that the American people owe him a “debt of gratitude” for taking the stand to testify against his fellow militant group members about their actions around Jan. 6.

“Agreeing to cooperate and tell the world took guts, bravery, not without some risk to yourself,” Mehta told Berry, who pleaded guilty in 2021 to conspiracy and obstruction charges.

Standing before the judge with his hands behind his back, Berry said he was grateful to prosecutors for charging him because it opened his eyes to the “path of radicalization” he was headed down. Berry apologized to his family and “the entire country” for decisions he said he will regret for the rest of his life.

“I acted in a foolish way… I let my emotions get the best of me,” he said.

Berry provided what prosecutors described as “pivotal” testimony against members of the Oath Keepers. convicted of seditious conspiracy for conspiring to forcibly keep then-President Donald Trump in power. Berry told jurors he believed Oath Keepers founder Stewart Rhodes wanted his followers to be prepared to “fight the federal government.”

“We needed to act or we would die,” Berry told jurors in a trial about his understanding of Rhodes’ words, according to court documents. Rhodes He was sentenced last year to 18 years in prison.

Schaffer pleaded guilty in a deal with prosecutors in April 2021 to two charges: obstruction of an official proceeding and entering and remaining in a restricted building with a dangerous or deadly weapon. He was not accused of engaging in any pre-planning or coordination with other members of the Oath Keepers.

Before the judge handed down the sentence, Schaffer apologized to his fans and said he deeply regrets the “pain and shame” his actions have caused.

“You have my word: I will not let you down,” Schaffer told the judge.

Schaffer came to Washington in November 2020 for the “Million MAGA March” to protest the election results. He told a reporter that a “group of thugs and criminals took over this country,” adding, “We see you and we see you.” “We are going down, mark my words,” according to court documents.

On Jan. 6, Schaffer was wearing a hat that said “Life Member of Oath Keepers,” a tactical vest and was carrying a can of bear spray. He was one of the first people to break into the Capitol through the doors on the northwest side of the building, prosecutors say.

He was inside for about 10 minutes, did not participate in any violence or destruction and has already spent about three months in prison after his arrest, said his lawyer, Marc Victor. Schaffer believed the 2020 election was fraudulent and that the country was “on the brink of a power grab” when he stormed the Capitol, Victor told the judge.

“I was wrong, but that’s what I believed,” Victor said. “He was deceived by people in the executive branch.”

More than 1,500 people have been charged with federal crimes related to the Capitol riot. Approximately 1,200 of them have pleaded guilty or been sentenced after trials decided by judges and juries. And more than 1,000 of the defendants have been sentenced, with about two-thirds receiving prison terms ranging from a few days to 22 years.