HORNTHAL, RILEY, ELLIS & MALAND, L.L.P.

Since February 2021, one of our attorneys, Marshall Ellis, has represented Stephen Ethan Horn, an independent journalist from North Carolina who was in Washington, DC, on January 6, 2021, and documented the events at the United States Capitol that day. After offering his video footage of the things he witnessed to the Federal Bureau of Investigation (FBI) to assist its investigation of the Capitol Riot and later agreeing to a voluntary interview with the agency, federal prosecutors decided to charge Mr. Horn with four crimes for his journalism at the Capitol. After litigating a number of pretrial motions, both dispositive and evidentiary-related, Mr. Horn proceeded to trial before a Washington, DC, jury in September 2023. Consistent with the caption Stephen posted along with his video to Facebook on the night he returned from Washington after covering the events at the Capitol, Mr. Horn testified on his own behalf that he “did not enter the Capitol Building as part of the protest, or for cheap thrills, but to accurately document and record a significant event which was taking place.” The trial lasted three-and-a-half days and ended with the jury convicting Mr. Horn of all four offenses. This verdict was consistent with all other verdicts rendered in January 6 cases by Washington juries to date. Even though Stephen did not damage any part of the Capitol or its grounds and never physically or verbally confronted law enforcement, his mere presence at the Capitol was enough for him to be charged and convicted in this case. Mr. Horn’s sentencing hearing was held in Washington on January 10, 2024, before United States District Judge Timothy J. Kelly. Prior to sentencing, the government recommended that Judge Kelly sentence Mr. Horn to 10 months’ imprisonment. On behalf of Mr. Horn, Marshall argued that such punishment was excessive and greater than necessary to serve the goals of sentencing in Mr. Horn’s case. Marshall submitted that a probationary sentence with no jail time was appropriate. Judge Kelly rejected the government’s sentencing recommendation and adopted Mr. Horn’s position, sentencing him to 12 months’ probation and a $2,000 fine. That Mr. Horn did not receive a sentence of imprisonment is an exception to the sentencing trend for most January 6 defendants, particularly those convicted after exercising their right to a jury trial under the Sixth Amendment. https://lnkd.in/ehUrQ-BG