Pennsylvania Man Sentenced for Assaulting Law Enforcement During Jan. 6 Capitol Breach (original) (raw)

WASHINGTON – A Pennsylvania man was sentenced today for assaulting law enforcement officers and other charges related to his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a Joint Session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Brian Gundersen, 28, of State College, Pennsylvania, was sentenced today by U.S. District Judge Rudolph Contreras to 18 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution to the Architect of the Capitol.

Gundersen was found guilty of two felony charges, including obstruction of an official proceeding and assaulting, resisting, or impeding law enforcement officers on Nov. 9, 2022, following a stipulated trial before U.S. District Judge Thomas F. Hogan.

According to court documents, Gundersen traveled from his home in Pennsylvania with his mother to Washington D.C., to attend a rally. Prior to his arrival in D.C., Gundersen asked on Facebook if anyone else was “going to DC on the 6th” and suggested, “we might be able to bum rush the white house and take it over.”

According to the stipulated facts of the trial, on Jan. 6, 2021, Gundersen illegally entered the Capitol grounds, joining a mob of rioters climbing the Northwest Steps. At about 2:30 p.m., Gundersen climbed up to a window in the Northwest Courtyard, next to the Senate Wing Door. While there, he shouted at officers inside the Capitol building. At about 2:42 p.m., Gundersen joined a mob entering the building; he was one of the first rioters to enter the Capitol through the Parliamentarian Door. As rioters engaged in a confrontation with officers, Gundersen waved more into the door.

Gundersen then entered the Parliamentarian’s Office. While inside, he saw rioters ransacking the room, wrecking furniture, stealing, and throwing papers to the floor. He spent about eight minutes in the office and wrote a note while there, expressing mock remorse: “sowwy for damage,” with a crying emoticon. Gundersen then continued moving through the building, being forced out by officers at about 3:07 p.m.

Gundersen then returned to the Northwest Courtyard and re-entered the Capitol. He was once again forced out by officers. He remained on the grounds, however, moving to the Northwest Terrace. There, he joined a mob that was confronting officers trying to clear that area. Gundersen then rushed an officer, hitting the officer with his arm. He was pushed back by another officer using a riot shield.

In the days after Jan. 6, Gundersen posted on social media, stating, among other things, “we all stormed the us capital and tried to take over the government” and posted a photograph of members of Congress taking cover during the attack on the Capitol, along with the message, “Look at these scared little bitches.”

This case was 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 Middle District of Pennsylvania.

This case was investigated by the FBI’s Washington Field Office, which identified Gundersen as #456 on its seeking information photos, and the FBI’s Philadelphia Field Office. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

In the 30 months since Jan. 6, 2021, more than 1,069 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 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.