NASHVILLE, Tenn. (WTVF) — A federal judge decided Friday that suspect Eric Munchel will serve five years after his actions during the Jan. 6 riot.
Munchel — known infamously "zip tie guy"— underwent sentencing along with his mom, Lisa Eisenhart. His mother will serve two and half years.
Munchel is known for taking zip tie handcuffs into the Senate Chamber with him during the Capitol riots, along with a taser.
A court found Munchel guilty of five felonies and three misdemeanors, and Eisenhart guilty of two felonies and five misdemeanors. Those felonies range from conspiracy to commit obstruction to unlawful possession of a dangerous weapon on the Capitol grounds or building.
"Both defendants prepared for violence on Jan. 6 and projected their willingness to engage in it — wearing tactical vests," U.S. Attorney Michael Graves wrote in the government's memorandum. "They encouraged other rioters to fight police; unlawfully entered the U.S. Capitol building despite blaring alarms and other signs that their presence was forced and illegal; stole zip tie handcuffs from U.S. Capitol Police storage; roamed the Capitol building for 12 minutes, penetrating all the way to the Senate Gallery; carried the zip tie handcuffs into the Senate Chamber with them, implicitly threatening members of Congress and physically preventing them from using the Senate Chamber; and openly declared to a reporter that their intent in storming and entering the Capitol was to intimidate Congress."
While their actions were similar, sentencing memorandums for the two differ.
The U.S. Attorney's office would like to see Munchel incarcerated for 57 months in prison along with three years of supervised release. The government's attorneys would like to see her sentenced for 46 months with also three years of supervised release.
The government's sentencing memorandum lists nine reasons for the sentences for the two:
- Prepared for violence on January 6 and projected their willingness to engage in it by wearing tactical vests
- Encouraged other rioters to fight police
- Unlawfully entered the US Capitol building
- Stole zip tie handcuffs from U.S. Capitol Police storage
- Roamed the Capitol building for 12 minutes, making it all the way to the Senate Gallery
- Carried the zip tie handcuffs into the Senate Chamber with them, threatening members of Congress and physically preventing them from using the Senate Chamber
- Openly declared to a reporter that their intent was to storm and enter the Capitol to intimidate Congress
- Munchel wore paramilitary clothing
- Munchel armed himself with a taser and other weapons
- Munchel brought the taser with him into the Capitol
However, attorneys for Munchel and Eisenhart hope a judge renders lighter sentences for the family duo.
Munchel's defense attorney pointed to American history when requesting for a lighter sentence for his client. He asked that Munchel only receive a 12-month sentence with three years of supervised release.
"From 1776 to the present, Americans have always undertaken to voice their freedom of self-rule in a boisterous manner," attorney Joseph Allen wrote. "Mr. Munchel is not a rioter nor is he an insurrectionist. He was and is a law-abiding citizen who found himself caught up in the events of a day, which began lawfully and peacefully and then devolved into the situation in which he finds himself now. Mr. Munchel regrets his unlawful conduct and has accepted responsibility for it, actions which demonstrate his character."
Eisenhart's attorney pointed out that she turned herself in voluntarily and communicated with the FBI, according to the defense sentencing memorandum. The memorandum also shared her background of rising from a battled women's shelter to later carry herself through college to become a nurse in Georgia. Her memorandum said she didn't have an "easy life."
She also wrote a letter to the judge expressing she would never repeat her actions or have time to meander in politics after her sentence.
"Ms. Eisenhart was not a member of any suspect group, did not do any advance planning, nor did she use force to enter the Capitol on January 6," her attorney Gregory Smith wrote. "The charges in this case did lead to her spending months in pretrial incarceration, however, and she now will have a felony conviction for the first time in her life, with that conviction almost certain to jeopardize her 30-year nursing certification and livelihood, once this case becomes final. Also, more incarceration also may be imposed at sentencing — the key question now is, how much more?"
