WASHINGTON D.C. (KGTV) — The U.S. Department of Justice says a 34-year-old El Cajon man has been found guilty on felony and misdemeanor charges for participating in the Jan. 6, 2021, riot at the U.S. Capitol.
A jury in Washington, D.C., found Erik Herrera guilty of obstruction of an official proceeding, which is a felony. He was also found guilty of the following misdemeanor charges:
- Entering and remaining in a restricted building or grounds
- Disorderly and disruptive conduct in a capitol building
- Disorderly conduct in a capitol building
- Parading, demonstrating or picketing in a capitol building
According to the government's evidence, Herrera was among the mob of rioters who illegally broke into the Capitol as Congress worked to count the electoral votes and certify the results of the 2020 presidential election.
Herrera posted a picture of himself holding papers inside the Senate Parliamentarian's office during the riot, according to the DOJ press release.
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DOJ says although Herrera is a photographer, he did not have media credentials to be in the Capitol as a journalist.
"On Jan. 7, 2021, [Herrera] admitted on social media that a press patch he was wearing had not been issued by a media organization. He wrote, 'I don’t have a monopoly on press badges. They’re on Amazon for like $8 ... No special permission to buy,'” the press release says.
Herrera was arrested on Aug. 19, 2021, in Los Angeles. His sentencing date is scheduled for Nov. 10, 2022.
The felony charge he was found guilty of carries a maximum sentence of 20 years in prison, as well as possible financial penalties. The four misdemeanor charges combined have a maximum of three years of incarceration. Herrera may be fined for those charges as well.
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"The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors," the release says.
The release says the FBI's San Diego and Washington field offices investigated this case. The U.S. Attorney's Office for the District of Columbia is prosecuting the case.
According to the DOJ, more than 860 people have been arrested in the 19 months since the riot at the Capitol. More than 260 of them were charged with assaulting or impeding law enforcement.
