FRESNO, Calif. — Benjamin Martin, 43, of Madera, was charged today by criminal complaint for being a prohibited person in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 2, 2021, Martin was arrested at his residence in Madera on a criminal complaint issued by the District Court for the District of Columbia for charges related to the breach of the U.S. Capitol on Jan. 6, 2021. The FBI also executed federal search warrants at Martin’s residence and found that he possessed several firearms, including a Benelli 12-gauge shotgun and Kimber 1911 pistol. Martin has a prior conviction for a misdemeanor crime of domestic violence and is therefore prohibited from possessing firearms.
This case is the product of an investigation by the FBI. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
If convicted, Martin faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations, and Martin is presumed innocent until and unless proven guilty beyond a reasonable doubt.