A West Virginia National Guard member accused of surging into the U.S. Capitol on Jan. 6, 2021, has been sentenced to two years probation.
Technical Sgt. Jamie Lynn Ferguson’s lack of violent action was a key factor in the decision to sentence her to probation.
“To be clear, had Ferguson personally engaged in violence or destruction, she would be facing additional charges and/or penalties associated with that conduct,” prosecutors wrote in a sentencing memorandum.
Ferguson, 45, had pleaded guilty to a federal misdemeanor of parading, demonstrating or picketing in a Capitol building, a common charge for defendants in Jan.. 6 cases. As part of the deal, three other misdemeanors were dropped.
Her sentencing hearing was originally scheduled for Nov. 18 and then was delayed. The hearing then was both set and held on Dec. 23 before U.S. District Judge Amit P. Mehta of the District of Columbia.
Ferguson’s LinkedIn social media profile identified her as an aerospace medical technician for the West Virginia National Guard. She was discharged from active service with an honorable status, but she continued to serve part-time. She was demoted to the rank of staff sergeant on August 6, 2022, after pleading guilty.
Ferguson, who lives in southwest Virginia, served as a uniformed member of the U.S. Air National Guard from 2001 until 2022, with five separate periods of active duty, and two overseas deployments.
Military.com reported in November that Ferguson was still serving in the Guard, but that she had applied for retirement after 20 years of service.
Both Ferguson’s own lawyers and federal prosecutors asked for a lenient sentence, saying she had no criminal record and had committed no acts of violence.
“Probation for a minimum term is sufficient but not greater than necessary to address the conduct before the court,” Ferguson’s lawyers wrote in a sentencing memorandum.
Prosecutors, in their own sentencing memorandum, requested the court sentence Ferguson to 30 days of home detention, two years’ probation, 60 hours of community service, and $500 in restitution.
“While the riot could not have succeeded without the participation of individuals including Ferguson and others, her sentence should reflect her individual role in the riot,” prosecutors wrote. “Here, the government has not found evidence that Ferguson engaged in violence or destruction of property during the riot, or that she espoused or excused violence or insurrection.”
Before being charged, and without any type of immunity or other consideration, prosecutors wrote, Ferguson agreed to be interviewed by the FBI and incriminated herself. Additionally, at the government’s request, Ferguson provided assistance in two ongoing misdemeanor investigations related to the events of Jan. 6, 2021.
“In other words, rather than seeking to evade justice, Ferguson displayed candor and contrition in her dealings with law enforcement related to this case and assisted in the due administration of justice. prosecutors wrote. “Consequently, these factors show that a sentence of incarceration is not required in this case.”
Hundreds of people face charges from the breach of the U.S. Capitol on Jan. 6, 2021.
A mob storming the U.S. Capitol that day disrupted the constitutional duty of counting Electoral College votes and prompted the evacuations of representatives, senators and Vice President Mike Pence. One woman was fatally shot while trying to climb into the chambers, three others died from “medical emergencies” and more than 100 police officers were injured.
Of the thousands of protesters in Washington, D.C., that day, about 800 went into the Capitol, police have said.
A review of Ferguson’s leave requests confirmed that she was on leave from Jan. 5 to 7 that year, listing her destination as Washington, D.C. Agents reviewed her social media posts leading up to Jan. 6 and took note of an image of a crowd in front of the Capitol with a storm cloud above. She captioned the post, “I pray this is exactly what D.C. will look like on Jan. 6th. #HoldTheLine.”
In a pre-arrest interview and conversation with Federal Bureau of Investigation agents, Ferguson acknowledged that from 9 a.m. to 9:30 a.m., she was present at the “Stop the Steal” rally at the White House with her parents.
Ferguson, who was wearing blue jeans and a dark colored hooded sweatshirt with the phrase “Trump Girl,” proceeded with the crowd to the U.S. Capitol. She admitted to interviewers that she entered the building and stayed in the Rotunda area for about 40 minutes. Ferguson gave
agents access to her cell phone and provided relevant digital images and videos.
Ferguson entered the U.S. Capitol about 2:42 p.m., via the east front Rotunda doors as rioters flowed into the building from multiple breach points.
Prosecutors illustrated her entry with a photograph that appears to show an officer wearing a blue knit physically engaged with rioters as Ferguson entered the Capitol. Prosecutors concluded that Ferguson was very likely aware when she entered the Capitol that police had unsuccessfully attempted to prevent rioters from entering the Capitol through the very door that she passed through.
Ferguson proceeded to the Rotunda, where she remained until about 3:18 p.m. About that time, Ferguson moved into the Rotunda door interior, as officers were attempting to remove rioters from the building and reestablish security.
Ferguson exited the building via the east front Rotunda doors about 3:33 p.m.
“Though her social media posts reveal her plans to attend the riot and her advanced knowledge that violence was not only possible but probable, Ferguson’s conduct in comparison to others was on the low end of the spectrum,” prosecutors wrote.
Nonetheless, as with other defendants who made the conscious decision to unlawfully enter the Capitol during a riot, and who knowingly and willfully spent 45 minutes inside the building during that riot, specific deterrence is warranted in this case.”