Ex-Oath Keepers, Including Heavy Metal Guitarist, Get Probation for Jan. 6

Two former members of the far-right Oath Keepers, including a heavy metal guitarist, received probation on Friday for their roles in the January 6 attack on the U.S. Capitol.

On that day of infamy, a mob of then-President Donald Trump’s supporters stormed the U.S. Capitol in Washington, D.C., in a failed attempt to prevent Congress from certifying Joe Biden‘s 2020 election win. The riot erupted following Trump’s repeated claims that Biden’s election victory was stolen via widespread voter fraud, despite there being no evidence to support such claims.

Jon Ryan Schaffer pleaded guilty to obstruction of an official proceeding and entering and remaining in a restricted building with a dangerous or deadly weapon in April 2021. He was the first defendant charged with crimes in the attack to plead guilty.

Schaffer was sentenced to three years’ probation on Friday, with U.S. District Judge Amit Mehta crediting him for his decision to quickly accept responsibility.

‘I Will Not Let You Down’

Before receiving his sentence, Schaffer, founder of heavy metal band Iced Earth, apologized to his fans and said he deeply regrets the “pain and embarrassment” his actions have caused.

“You have my word: I will not let you down,” Schaffer told Mehta.

Wearing a hat that read “Oath Keepers Lifetime Member” and a tactical vest on the day of the siege, Schaffer, who was armed with bear spray, was among the first rioters to breach the Capitol, according to prosecutors.

Schaffer’s attorney, Marc Victor, said his client was inside the Capitol for roughly 10 minutes. Victor said Schaffer didn’t participate in any violence and destruction.

“He was wrong but that’s what he believed,” Victor said. “He was misled by people in the executive branch.”

Victor said Schaffer already spent around three months in jail after his arrest.

Another Ex-Oath Keeper Avoids Prison Time

Former Oath Keeper Caleb Berry was also sentenced to probation on Friday after pleading guilty in 2021 to conspiracy and obstruction charges in a separate case.

Berry was praised for his extensive cooperation with investigators, which included testifying at two trials.

Mehta told Berry that the American people owe him a “debt of gratitude” for testifying against other Oath Keepers about their actions surrounding the Capitol riot.

“Agreeing to cooperate and telling the world took guts, took courage, not without some risk to you,” Mehta said.

Berry provided what prosecutors called “pivotal” testimony against Oath Keepers who ended up being convicted of seditious conspiracy relating to the riot.

In court on Friday, Berry said he was grateful to prosecutors for charging him because it opened his eyes to the “path of radicalization” he was headed down.

Berry apologized to his family and the “entire country” for his regretful decisions.

“I acted in a way that was foolish … I let my emotions get the best of me,” he said.

Hundreds Charged in Capitol Riot

Over 1,500 people have been charged with federal crimes related to the attack on the Capitol. Roughly 1,200 have pleaded guilty or have been convicted after trials. More than 1,000 of the January 6 defendants have been sentenced, with about two-thirds receiving jail time from a few days to 22 years.

Trump, now the GOP presidential nominee, also faces four federal felony counts related to his activities surrounding the Capitol attack.

The former president is charged with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction and attempting to obstruct an official proceeding; and conspiracy against rights.

Trump has previously referred to January 6 defendants still jailed as “hostages” and “victims” and repeatedly called for their release. He also said he’d pardon them if elected on November 5.

This article includes reporting from the Associated Press.