Rubenacker pleaded responsible and not using a plea deal to 10 prices, together with felony counts of civil dysfunction, obstruction of Congress and assault. The Justice Division is in search of a 46-month jail time period.
“Rubenacker, one of many first 4 or 5 rioters on the entrance of the mob, continued to chase Officer Goodman close to the doorway to the Senate Chamber the place Rubenacker berated different officers and close by rioters screamed, ‘again up!’ and ‘Go arrest the Vice President!’” Assistant U.S. Attorneys Laura Hill and Troy Edwards, Jr. wrote of their sentencing memo.
Rubenacker was additionally amongst a gaggle of defendants who smoked marijuana contained in the Capitol through the breach, and he posted a video of himself smiling and saying, “Smoke out the Capitol, child!” Although his lawyer says he was largely a follower who was goaded into his conduct, prosecutors described his actions in harsher and extra ominous phrases.
“When officers fashioned a line to drive rioters out, Rubenacker escalated in response: he swung a water bottle at one officer’s head and threw liquid at different officers who have been participating with a rioter,” they write. “Solely after an officer sprayed chemical-irritant spray in Rubenacker’s face did he lastly depart the Capitol, over one hour after he initially breached the constructing.”
Prosecutors say Goodman’s fast pondering prevented the mob, with Rubenacker included, from reaching senators earlier than they evacuated from the Capitol.
“Certainly, if the officer had not intentionally led the group of rioters away from the Senate chamber—to which there was an unimpeded path—Rubenacker and the rioters with him may need come head to head with U.S. Senators,” they write.