On January 6, 2021, he appeared on the floor of the US Senate wearing that helmet and body armor, and carrying zip-tie handcuffs that he had taken inside the Capitol. Although he did not physically attack any police officers, his clothing that day and his earlier comments led a federal judge to sentence him Friday to two years in prison for obstruction of justice. in the electoral college vote congress.
Brock, 56, from Grapevine, Tex., graduated from the Air Force Academy and served nine years on active duty and another 16 years in the reserves as a pilot, and saw combat action in Afghanistan, the brief said. to his lawyer. Prosecutors noted in their brief that Brock was fired from his job as a sales leader in Fort Worth in 2018 for repeatedly threatening violence against his co-workers.
Like thousands of others, Brock attended the “Stop the Steal” rally sponsored by President Donald Trump on January 6, then marched to the Capitol and entered. His attorney, Charles Burnham, claimed that Brock did not know he was not allowed in the Capitol that day, despite the widespread chaos.
Once at the Capitol, Brock spent about 37 minutes inside, investigators determined, at one point removing the zip-tie handcuffs he was later photographed with, as well. a set of keys he used to try to open the door from the Senate chamber where Vice President Mike Pence had emerged moments earlier.
When he arrived on the floor of the Senate, he loudly proclaimed, “This is our house!” Assistant US Attorney April Ayers-Perez wrote.
Shortly after Brock’s photo appeared in the media, his ex-wife called and identified him to federal authorities, according to court records. Brock also gave an interview to Ronan Farrow of the New Yorker, saying that he did not bring the zip-tie handcuffs to the Capitol but found them there.
Brock chose a bench trial before US District Judge John D. Bates over a jury trial. In November, Bates convicted Brock of six counts: felony obstruction and five misdemeanors. The judge called it “inconceivable that Mr. Brock believed he was authorized” to be there. He “could look around and realize he was part of a mob,” Bates said.
An initial calculation of sentencing guidelines by the federal probation office determined that Brock should face a sentencing range of 57 to 71 months, and prosecutors recommended the judge impose 60 month term.
But the calculation of the guidelines includes an eight-level increase for causing or threatening to cause physical or property damage. Bates ruled that the increase was not appropriate because Brock had not harmed anyone or damaged any property himself. The judge lowered the sentencing range to 24 to 30 months. Ayers-Perez is still asking for a 60-month sentence.
Now it’s time for Brock to talk to the judge. He refused. Burnham said Brock is still considering appealing his conviction.
The judge said he would usually consider a sentence at the low end of the guidelines range in that case. Then with Brock’s military service, lack of criminal history and his attempts to stop some rioters from doing more damage, “which leads me to change below from the standards. But we have to take into account the rhetoric,” said the judge, reading page after page of Brock’s angry Facebook posts.
“I think this is highly reprehensible and frankly unbelievable coming from a senior military officer,” the judge said. “It’s detailed, it’s persistent, it’s incredible and terrible. And we have no acceptance of responsibility and no expression of blame whatsoever. Zero.”
In addition to sentencing Brock to 24 months in prison, Bates ordered him to serve two years of supervised release after his sentence and to perform 100 hours of community service. Like almost all Jan. 6 accused, he was not taken into custody after the sentence and was allowed to arrange his own surrender date.
Brock is the 13th defendant in the trial to be sentenced for obstructing an official proceeding, and the average sentence is 45 months, according to Washington Post data. Of the 21 defendants who pleaded guilty to the obstruction charge, the average sentence was 28.4 months, Post data showed.