Ottawa man charged in Jan. 6 protest at U.S. Capitol pleads guilty

An Ottawa man faces up to 33 months in federal prison for pushing members of the National Guard during the Jan. 6, 2021, protests at the U.S. Capitol.

Mathew W. Capsel, 29, waived his right to a jury trial Friday and then pleaded guilty to one count of civil disorder in federal court in Washington, D.C. He will be sentenced Dec. 16.

Capsel initially was charged with three felonies, including assault of federal officers, after an FBI investigation.

Capsel, according to court records, was filmed “fighting against National Guardsmen until he [was] pepper-sprayed, as shown in the last screenshot. Specifically, the video depicts Capsel charging against a lined group of National Guardsmen, running into their protective shields.”

However, attorneys negotiated for 18 months, and Capsel instead pleaded guilty to a recently filed charge of civil disorder. During a Friday hearing in the U.S. District Court for the District of Columbia, attorneys disclosed a stipulated sentencing range of 27 to 33 months. All remaining counts were dismissed.

U.S. District Judge Tanya S. Chutkan advised Capsel, who is not in custody, that his final sentence rests with her. Until she receives a pre-sentence report, the judge said, “I have no idea what sentence I’m going to give you.”

Chutkan presided over an estimated 30-minute hearing in which she repeatedly quizzed Capsel on whether he understood the rights he forfeited by pleading guilty. Capsel said he did. She then asked whether he committed the acts alleged in the new filing.

“Did you push against members of the National Guard?” Chutkan said.

“I did,” Capsel said.

“At the time you did so, did you know they were law enforcement officers?” Chutkan said.

“At the time I was caught up in the energy, but, yeah,” Capsel said, his voice trailing off.

The judge repeated her question: “Did you know they were law enforcement officers?”

“Yes, ma’am,” Capsel said.

Capsel was charged Jan. 19, 2021, less than two weeks after protesters stormed the U.S. Capitol. An FBI agent reviewed videos and collected witness statements identifying Capsel – based on his facial features and a prominent tattoo – as one of the protesters who tussled with the National Guard. He was later apprehended in southern Illinois.

Capsel’s lawyer, Christopher M. Davis, said via email that Capsel would not have a statement or comment before sentencing.