New York Man Sentenced to 41 Months in Prison for Offenses Committed During Jan. 6 Capitol Breach

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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 41 months in prison for assaulting law enforcement officers and other felony offenses related to 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.

            Greg Rubenacker, 26, of Farmingdale, New York, was sentenced in the District of Columbia.

            According to court documents, Rubenacker engaged in a series of confrontations with law enforcement officers inside the Capitol Building on Jan. 6. At approximately 2:13 p.m., he entered the Capitol Building through the Senate Wing Door, recording a video in which he stated, “This is history! We took the Capitol.” He was in a crowd that was yelling “where are they counting the votes” and eventually chased a U.S. Capitol Police officer securing the area. Rubenacker left the building at 2:21 p.m., but returned 21 minutes later through the Rotunda Door. While in the Rotunda, he smoked marijuana, recording another video that he later posted to a social media website with the caption, “Smoke out the Capitol, baby.”

            Rubenacker and others resisted officers attempting to remove individuals from the Rotunda. At approximately 3:08 p.m., he swung a plastic bottle at an officer’s head. He then sprayed water from his bottle across law enforcement officers engaging with other individuals. Law enforcement officers pepper-sprayed the crowd, including Rubenacker, who exited the Capitol at 3:20 p.m.

            Rubenacker was arrested on Feb. 9, 2021, in Farmingdale, New York. He pleaded guilty on Feb. 11, 2022, to all 10 counts of an indictment returned in the District of Columbia, including charges of assaulting, resisting, or impeding officers, civil disorder, obstructing an official proceeding, and committing an act of physical violence on the Capitol grounds. Following his prison term, Rubenacker will be placed on three years of supervised release. He also must 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 Washington and New York Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 16 months since Jan. 6, 2021, more than 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.