New York Man Sentenced to Eight Months in Prison for Offenses Committed During Jan. 6 Capitol Breach

4 mins read
FILE PHOTO: Signage is seen at the United States Department of Justice headquarters in Washington, D.C.

            WASHINGTON – A New York man was sentenced today to eight months in prison for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Aaron Mostofsky, 35, of Brooklyn, New York, was sentenced in the District of Columbia. According to court documents, Mostofsky – dressed as a caveman and carrying a walking stick or rod – was among the crowd gathered at 12:55 p.m. on Jan. 6 as rioters overwhelmed a police perimeter stationed near the Peace Circle, due west of the Capitol building. He and other rioters then reached the West Plaza. At about 1:35 p.m., he joined a group of rioters pushing against a police line that was attempting to limit the crowd’s access to the Capitol. Mostofsky used his weight and strength in the effort to break the police line. At about 2:09 p.m., he climbed exterior stairs to the Capitol’s Upper West Terrace, heading to the Senate Wing Door.

            Enroute, he picked up a U.S. Capitol Police bullet-proof vest and donned it. Minutes later, the crowd broke windows next to the Senate Wing Door, entered the Capitol, and broke the door open from inside the building. Mostofsky entered through the door at 2:13 p.m., about the 12th person to get inside that way. He quickly picked up a U.S. Capitol Police riot shield that had been set aside by another rioter. He followed the crowd to a staircase, where they pursued a U.S. Capitol Police Officer upstairs and into the Ohio Clock Corridor, just outside the Senate Chamber. At approximately 2:36 p.m., after giving an interview to a reporter, Mostofsky left the building, taking the police vest and riot shield with him. He was stripped of the shield by a U.S. Capitol Police officer.

            Mostofsky was arrested on Jan. 12, 2021, in Brooklyn. He pleaded guilty on Feb. 2, 2022, to a felony charge of civil disorder and misdemeanor charges of theft of government property and entering and remaining in a restricted building or grounds. Following his prison term, Mostofsky will be placed on 12 months of supervised release. He also must perform 200 hours of community service and pay $2,000 in restitution.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of New York.

            The case is being investigated by the FBI’s New York and Washington Field Offices, which identified Mostofsky as #24 in its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the 15 months since Jan. 6, 2021, nearly 800 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 250 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.