20-Year Sentence for Jan. 6 Rioter Who Assaulted Police with Poles

A participant in the January 6, 2021, riot at the U.S. Capitol received a 20-year prison sentence on Friday for attacking police officers with various makeshift weapons, including flag poles and pepper spray.

David Dempsey, a 37-year-old from California, admitted guilt in January to charges of assaulting law enforcement with dangerous items after a judge condemned his “egregious” behavior during the riot.

The unrest began when supporters of former President Donald Trump breached the Capitol in an unsuccessful attempt to halt the certification of Joe Biden’s 2020 election victory, stemming from Trump’s unfounded claims of widespread voter fraud. The former president now faces four felony charges tied to this incident.

During the chaos, Dempsey launched flagpoles and other objects at officers stationed near a Capitol tunnel, and he was recorded shouting expletives while attacking an officer. He also discharged pepper spray at Metropolitan Police Detective Phuson Nguyen while another rioter removed the officer’s gas mask.

Furthermore, Dempsey struck MPD Sergeant Jason Mastony with a metal crutch, injuring him severely enough to leave the officer dazed and possibly concussed.

“The blow cut Sergeant Mastony’s head, caused significant bruising,” prosecutors stated regarding the attack.

At sentencing, U.S. District Judge Royce Lamberth declared Dempsey’s actions on that day to be “exceptionally egregious” and pointed out that he was not merely swept away by the moment. Dempsey acknowledged his wrongdoing, labeling his actions “reprehensible,” and offered an apology to the officers he assaulted.

Having been in custody since his August 2021 arrest, Dempsey’s 20-year sentence is the longest for any Capitol rioter convicted to date, excluding former Proud Boys leader Enrique Tarrio, who was sentenced to 22 years.

Dempsey’s background includes a previous conviction for assault during a peaceful protest against Trump in Santa Monica, California, in 2019, where he sprayed bear spray at several demonstrators.

According to the U.S. Department of Justice (DOJ), over 1,488 individuals have been charged in connection with the Capitol riot, with nearly 550 facing felony charges for assaulting law enforcement officials.