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California Man Sentenced to 20 Years for Assaulting Police During January 6th Capitol Riot

by Lawrence J. Tjan | Aug 12, 2024
Crowd gathered at the U.S. Capitol during the January 6th riot, with flags and signs visible.
Photo Source: AP Photo File by Jose Luis Magna via apnews.com

The US District Court for the District of Columbia sentenced a Van Nuys, California resident, David Nicholas Dempsey, to 20 years in prison on Friday for his violent actions against police officers during the January 6, 2021, attack on the US Capitol. Dempsey, who traveled from California to Washington, DC, to participate in the riots, pleaded guilty to two counts of assaulting police with dangerous weapons as part of a plea agreement reached on September 19, 2023.

Dempsey was originally indicted on September 9, 2021, on 11 charges, including disruptive conduct in a restricted building, obstructing official proceedings, and assaulting law enforcement. The prosecution's sentencing memorandum detailed Dempsey's aggressive conduct during the riot, highlighting his use of pepper spray and metal crutches to attack police officers. One officer suffered severe burns to his lungs, throat, eyes, and face after being pepper-sprayed by Dempsey, while another officer's gas mask shield was shattered by a metal crutch blow, causing him to fall to the ground.

Dempsey's actions on January 6th were not isolated incidents. The prosecution noted his extensive criminal history, including previous convictions for burglary, drug trafficking, evading law enforcement, and assault with burning chemicals. They also cited Dempsey's involvement in violent political protests and rallies, although he was never charged for those activities.

In light of Dempsey's criminal background and the severity of his conduct during the Capitol riot, prosecutors recommended a sentence of approximately 22 years in prison, along with three years of supervised release, $2,000 in restitution, and a $200 fine. The court agreed with the restitution and fine recommendations but ultimately imposed a slightly shorter sentence of 20 years imprisonment and a subsequent 36 months of supervised release.

Dempsey's sentence is one of the longest handed down in connection with the January 6th riot, reflecting the seriousness of his offenses and his history of violent behavior. Only Enrique Tarrio, one of the former Proud Boys leaders, received a longer sentence of 22 years, in part, for plotting to stop the peaceful transfer of presidential power from Trump to Biden.

Dempsey described his actions as "reprehensible" and expressed remorse to the police officers he attacked.

"You were doing your jobs, and I responded with hostility and violence," he stated before his sentencing.

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Lawrence J. Tjan
Lawrence is an attorney and CEO of Law Commentary. His legal background includes corporate and general business law, litigation, transactional matters, and law practice management. His litigation experience has included complex matters involving antitrust, insurance bad faith, and medical malpractice. On the transactional side, Lawrence has worked with buy-sell agreements, Regulation D disclosures, stock option plans, and business matters. Lawrence draws on his legal and business experience to help make court decisions, litigation, legislation, public policy, and other legal developments more accessible to the general public and to give readers clear context for understanding the law and how it affects businesses, consumers, and communities.

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