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Judge rejects unvaccinated Capitol riot convict's plea for freedom pending sentencing, citing resurging coronavirus


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A Washington state man who pleaded guilty Friday to assaulting an officer during the Capitol riots was jailed pending sentencing despite defense arguments that the unvaccinated man was at risk of the resurgent coronavirus.

U.S. District Judge Royce Lamberth ordered Devlyn Thompson, who struck an officer with a baton, to be detained, ruling that the potential coronavirus risk did not constitute "an exceptional circumstance" allowing for his release.

Attorney Thomas Durkin said Thompson, who also has a form of autism, has not been vaccinated due to "concerns over severe allergic reactions" related to an ingredient in the vaccines.

Thompson had been free since being charged last month, and prosecutors acknowledged that he has been cooperating in the investigation. But the government maintained that the violent nature of his conviction required that he be jailed pending his sentencing next month.

The 28-year-old Washington man was among the first two suspects to plead guilty to assaulting officers during the Capitol attack.

Scott Kevin Fairlamb, 44, of Stockholm, New Jersey, pleaded guilty earlier Friday to pushing through a barricade when he shoved and punched an officer.

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Lamberth said Thompson faced a maximum punishment of 20 years in prison but deferred sentencing until a background investigation could be completed. 

Citing Thompson's remorse and cooperation with investigators, Durkin argued that his client should qualify for a much lesser punishment than the maximum.

"He has never once backed off from the stupidity and absurdity of his conduct," Durkin said of his client who was appearing virtually from Seattle, Washington. "This was a one-off for him."

When Thompson learned that he was wanted by the FBI for questioning, Durkin argued in court documents, he "effectively surrendered" and later participated in three meetings with investigators granting "access to all of his social media accounts."

"He has remained cooperative throughout the pre-plea process and will continue to do so, even though he resides and works in the Western District of Washington," Durkin argued in court documents urging his client's pre-sentencing release.

Durkin maintained that his client's conduct, while serious, was not part of an organized conspiracy and that he was not associated with extremist groups who participated in the violent siege.

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The baton Thompson used against the officer, according to court documents, was found on the ground, and attorneys claimed that he only used the weapon to knock a can of pepper spray out of the officer's hand.

"Defendant told the government that he did not intend to hurt the officer; and that, in fact, he was caught up in the moment and simply wanted to stop the pepper spray," attorneys argued in court documents. "This, most certainly, is not suggested to be an excuse for his regrettable and stupid conduct, which is truly inexcusable; but most certainly is completely out of character for Defendant, who has a relatively unblemished prior background."