How Ray Epps' Capitol Riot Sentence Compares to Other Jan. 6 Defendants

Ray Epps was sentenced to one year of probation on Tuesday for a misdemeanor charge regarding his role in the Capitol riot, a move that has drawn scrutiny when Epps' sentence is compared to others who were involved in the protest.

Epps was charged with one count of disorderly or disruptive conduct in a restricted building or grounds last September and pleaded guilty. The charge, which came 32 months after the January 6, 2021 riot, unleashed a flood of conspiracy theories against the former Donald Trump supporter, alleging that Epps was an undercover government agent acting on behalf of the Federal Bureau of Investigation (FBI). Epps and federal prosecutors have denied the claims, but the conspiracy was reignited on Tuesday after Epps' sentence was delivered.

Epps is the only defendant who has been sentenced with just one count of disorderly or disruptive conduct in a restricted building or grounds, making it difficult to compare his outcome with other January 6 defendants. But there are some similarities.

Prosecutors sought six months of prison time for the charge, which carries a maximum sentence of one year behind bars, the Associated Press reported. Epps' attorney asked for six months of probation for his client.

There have been 18 other defendants sentenced so far with charges related to the Capitol riot in which prosecutors sought six months of incarceration, along with other punishments such as supervised release, community service and restitution, according to Department of Justice.

Of those, six defendants were sentenced to prison for at least six months—with two being sentenced to more time than the prosecution sought.

Twelve defendants were sentenced to less time than recommended by federal prosecutors, with most prison time spanning from one to four months. Of those, Steve Billingsley's case is most like Epps'.

Billingsley was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority; and disorderly or disruptive conduct in a restricted building or grounds, the same charge that Epps faced. Prosecutors sought six months' incarceration, 12 months supervised release, 60 hours of community service and a $500 restitution.

Billingsley was sentenced to probation for 24 months, 60 hours of community service and a $500 restitution.

Epps' attorney, Ed Ungvarsky, referenced Billingsley's case in a court document filed last week. Ungvarsky wrote that Billingsley "yelled at" and "ignored" police officers, removed barriers and "engaged in violent rhetoric."

"Mr. Epps, who followed the directions and supported police officers, did not physically remove barriers to let other rioters through engaged in no violent rhetoric, and, importantly, has expressed deep remorse, should receive a probationary sentence, although Mr. Epps should be for a shorter term," Ungvarsky wrote.

Ungvarsky told Newsweek that Epps' counsel was grateful for the sentence.

"The government went to great lengths today and in its written argument to the judge earlier this month to put Ray Epps in jail today for a lengthy period of time. The Court correctly rejected their very serious, aggressive prison demand," Ungvarsky said.

"In the face of the [government] seeking prison time, we are grateful for the Court's careful sentencing decision that allows Ray and Robyn Epps to try to move forward and try to repair their lives from the incessant verbal and other attacks on Mr. Epps that have led to very real past and current concerns for their physical safety."

Epps' sentencing has reignited the conspiracy theory that the former Trump supporter was working as an undercover government cooperator.

"Ray Epps, the man who directed people to go into the Capitol and privately claimed credit for orchestrating the Capitol breach, gets one year probation. Nothing to see here!" Representative Thomas Massie, a Republican from Kentucky, posted on X, formerly Twitter.

"Is there any other explanation for why Ray Epps only ended up with one year of probation, while hundreds of non-violent J6 defendants are rotting in prison, other than that federal agents told him to go into the crowd on January 6 and direct Trump supporters toward the Capitol?" PublicSq founder and CEO Michael Seifert posted.

"Ray Epps just got let off the hook with zero prison time and a $500 fine. He was immediately called out as a fed on January 5th by Trump supporters. Looks like they were right all along," social media account End Wokeness posted.

Ungvarsky criticized the conspiracy theorists in last week's court filing.

"Fear of demented extremists has no apparent end in sight so long as those who spread hate and lies about Mr. Epps don't speak loudly and publicly to correct the messaging they delivered," Ungvarsky wrote.