“Sure, That’ll Teach Him”: Jan. 6 Rioter Gets Three Months in Jail After Skipping Court

Jo ShawNov 28, 2023

Minute Read

Frank Rocco Giustino, a massage therapist from New York who pleaded guilty to a misdemeanor in connection with the Capitol riots in February, has finally been sentenced to three months in jail. The case had dragged on as Giustino had skipped court trials, berated the Judge and accused the prosecutor of “terrorism.”

Giustino Stormed the Capitol

Frank Rocco Giustino received a prison sentence for participating in storming the Capitol on Jan. 6. As reported by the Associated Press, he initially pleaded guilty to charges back in February.

Traveled to the Capitol to Join Rioters

According to the Associated Press, Giustino, the accused, journeyed by bus from Long Island, New York, to Washington, DC, to participate in the Trump rally aiming to “Stop the Steal” near the White House on Jan. 6. Subsequently, he joined the throng that proceeded to the Capitol.

Giustino Posted About Conspiracy Theories

In January 2022, Giustino was initially apprehended on charges related to the Capitol riot. He participated in the assembly that disrupted the joint session of Congress responsible for confirming Biden’s electoral win over Trump. The Associated Press additionally disclosed that before the Capitol attack, Giustino regularly shared on Facebook various conspiracy theories asserting that the 2020 presidential election was stolen from Trump.

Police Were Using Tear Gas Against Him

Editorial credit: Sebastian Portillo / Shutterstock.

Prosecutors had included in their court filing that, “before Giustino made the decision to approach the door, he posted on social media that police were using tear gas against him and the other rioters, condescendingly calling law enforcement ‘civil servants,’ an affront to the hundreds of officers injured that day protecting democracy.” The AP wrote, “Giustino entered the Capitol through a door roughly three minutes after other rioters broke it open.”

Defendant Was in the Capitol for Over 30 Minutes

The article further stated that the defendant, Giustino, “was in the Capitol’s Crypt when rioters overwhelmed a line of police officers. He joined other rioters in a chant inside the Rotunda. He spent about 35 minutes in the Capitol before leaving.”

Defendant Has No Remorse for His Conduct

Last month, Giustino was taken into custody due to his failure to attend a prior sentencing hearing in court. The AP reported that District Judge James Boasberg told Giustino “that he seemed to have no remorse for his conduct on Jan. 6 or any respect for the court’s authority.” The Judge reportedly told the defendant, “Your behavior from the moment of the plea until sentencing has been about the worst of any January 6th defendant I’ve had.”

Giustino Just Wants to Go Home

In reply, Giustino reportedly conveyed to the Judge that he did not support the violence at the Capitol and had no intention of being disrespectful. Giustino told the Judge, “I just want to go home.”

A Clown Show of a Prosecution

Editorial credit: Tada Images / Shutterstock.

However, at a June hearing, AP reported that Giustino had stated his case was “an absolute clown show of a prosecution.”

Used Extreme Language in Court

The AP reported that “He also used language that appeared to comport with the sovereign citizen extremist movement’s belief that the US government is illegitimate.”

This Is Not a Real Court

According to court transcripts, Giustino had stated, “We’re not doing any sentencing date. Have you guys heard anything that I have said? Have you seen anything that I have filed? This is not a real court. There is not a single judicial officer here presiding on my case,” the defendant argued.

Defendant Swore at the Prosecutor

The Judge reportedly told Giustino to behave in a “civilized fashion.” The Judge had also warned him at that time that a warrant would be issued if he failed to turn up for his sentencing. AP reported that Giustino had told the Judge, “Why don’t I issue a warrant for your arrest? I think the US marshal should come after you, not me.” AP’s article stated that he was “punctuating his rant with expletives directed at a prosecutor.”

The “Very Definition of Terrorism”

Douglas Collyer, the Assistant US Attorney, stated that Giustino emailed him in early September, where he called the prosecution, in this case, the “very definition of terrorism.” He insisted on dismissing his case and sought an apology from the court.

Disrespectful Behavior, to Put It Mildly

Collyer, the Assistant US Attorney, said to the Judge, “The defendant’s behavior has been disrespectful and belittling, to put it mildly.”

Over 1,000 Protestors Have Been Charged

Around 1,200 individuals face federal charges in connection with the Jan. 6 riots. Over 700 have received sentences. The AP reported that terms have ranged from three days to 22 years.

Americans’ Support of Prosecuting Rioters

In a 2021 survey conducted by the Pew Research Center involving 12,055 adults, a significant majority of Americans (69%) emphasized it was “very important” for federal law enforcement agencies to prosecute individuals involved in the attack.

Punishment Won’t Be Severe

According to the Pew survey, nearly half of Americans (47%) believe that the criminal penalties rioters would likely receive would be less severe than warranted by the gravity of the events, reflecting a sentiment currently shared today.

Maybe the Judge Deserved the Berating He Got

Users went online to comment on the prosecution of the Capitol rioter. One user posted, “Sure, that’ll teach him…I mean, what? That’s several counts of contempt as well. And the Judge decided not to consider that when deciding the sentence? Maybe the Judge deserved the berating he got if he’s not gonna do anything about receiving it.”

Stop Coddling These Traitors

Another user posted in response, “So ridiculous that traitors do this and get a slap on the wrist.” “3 months? We have to stop coddling these traitors,” said another.