Judge Gives Rioter Who Threatened AOC Prison Time

Garret Miller's expressions of remorse don't convince everyone
By Bob Cronin,  Newser Staff
Posted Feb 22, 2023 7:50 PM CST
Judge Gives Rioter Who Threatened AOC Prison Time
This photo provided by the Dallas County Sheriff's Office shows Garret Miller.   (Dallas County Sheriff's Office via AP, File)

Garret Miller—a Capitol rioter who prosecutors say was wearing a T-shirt reading, "I was there, Washington, D.C., January 6, 2021" when he was arrested—was sentenced Wednesday to 38 months in prison. His lawyer had asked for a sentence of 30 months, which would essentially be covered by time served, while prosecutors wanted 48 months, NBC News reports. The government cited Miller's threatening of a member of Congress. On the night of the attack, Rep. Alexandria Ocasio-Cortez tweeted "impeach," a reference to then-President Donald Trump. Miller, whose T-shirt also bore a photo of Trump, answered her tweet with "assassinate AOC."

Miller pleaded guilty to five felony and six misdemeanor counts. US District Judge Carl Nichols also ordered 36 months of supervised release in the case. Prosecutors wrote in their sentencing memo that Miller had led "an otherwise law-abiding life" but showed "no respect for the law" on Jan. 6, 2021. He wanted to take control of the Capitol, stop the certification of President Biden's electoral victory, and terrorize members of Congress and the officers trying to protect them. Miller threatened the life of Ocasio-Cortez, then went home to Texas to brag about what he'd done, they said.

He also talked about putting a rope around the neck of the officer he held responsible for the death of another rioter, Ashli Babbitt, per CBS News. Miller apologized in a letter to the judge, and his lawyer said there was no indication that he'd attempted to hurt the officer. "I was proud, arrogant, and acted in anger," Miller wrote. "I needed to be humbled." Prosecutors doubted the sincerity of his apology, pointing out, among other actions, that Miller signed a letter in September with other Jan. 6 detainees saying they were "Political Prisoners on American soil who have been unjustly and unfairly incarcerated." (More Capitol riot stories.)

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