A Wyoming man sentenced to three years in prison for waving a flagpole at police on January 6

Douglas Harrington became the first person in Wyoming to be sentenced to prison for his role in the Capitol riot on Jan. 6, 2021, after he was sentenced Monday by the U.S. District Court for the District of Columbia.

Harrington, 69, was sentenced by Chief U.S. District Judge James E. Boasberg to 40 months in prison and 24 months of supervised release and ordered to pay $2,000 in restitution.

During the Jan. 6 riot, Harrington waved a flagpole with a metal ball attached to the end at police officers.

He had previously been convicted of two offenses of disturbing public order and assaulting, resisting or obstructing certain officers, as well as five misdemeanors of entering or remaining in a prohibited building or premises, disorderly conduct and disorderly conduct in a prohibited building or premises, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building, or an act of physical violence in a restricted building or grounds.

Boasberg, an appointee of former President Barack Obama, convicted Harrington in July after a three-day jury trial.

The U.S. attorney’s office argued that Harrington helped disrupt a joint session of the U.S. Congress called to determine and count electoral votes related to the 2020 presidential election.

Harrington’s attorneys argued that the charges against their client were too vague, broad and subjective and that the certification of the votes did not constitute official congressional proceedings.

The FBI’s Washington Field Office identified Harrington from open-source videos recorded on January 6.

What happened?

The riots broke out after former President Donald Trump delivered his final speech of his presidency and shortly before Congress was scheduled to convene to certify the vote count in the 2020 presidential election.

William Whitfield, a special agent assigned to the FBI through the Rock Springs Resident Agency, assisted in the investigation and presented the charges in the criminal complaint against Harrington and his arrest warrant.

The person ultimately identified in multiple photos and videos as Harrington was wearing a cowboy hat, goggles, a gas mask and a backpack and was brandishing a flagpole with a metal ball on the end that was used to hit law enforcement officers on the U.S. Capitol grounds on January 6.

According to the U.S. Attorney’s Office, Harrington approached a line of police officers on the Capitol’s Upper West Terrace and made provocative gestures at them. He then used the lower part of the mast to strike quickly towards the officer in the line. In response, the officer deployed chemical spray on Harrington.

At this time, another protester approached the police line near Harrington, and police officers focused their efforts on them to push the other person away.

While the officers were distracted, Harrington raised the flagpole to strike at them.

A police officer quickly intervened, approached Harrington and produced a police baton. Harrington swung the flagpole at the officer, striking him in the area around his left hand and wrist and in his helmet. He waved the flagpole twice more at the police line before retreating into the crowd.

The FBI ultimately arrested Harrington in August 2023.

Whitfield’s statement said a confidential source identified Harrington as the person featured in various videos taken during the event.

In social media comments, Harrington described his actions on January 6 as a “peaceful protest.”

The bigger picture

Laramie resident August Raymond Garcia was accused and arrested for his alleged involvement in an event in September, accused of holding the door for rioters at the U.S. Capitol on Jan. 6 and grabbing and shoving a Capitol Police officer while spending nearly 30 minutes inside the building.

Former Cody resident Andrew Galloway was sentenced to 30 days in jail and ordered to pay $1,500 in restitution for climbing through a broken window at the U.S. Capitol and remaining inside the building for approximately 11 minutes during the riot.

On Monday, Justice Department special counsel Jack Smith asked to dismiss the criminal case against Trump over his alleged attempt to steal the 2020 election.

There is a risk that Harrington’s stay in prison will be short-lived. Trump has repeatedly indicated that he would pardon those convicted for their roles in the Capitol attack and would consider pardoning any January 6 defendants. He is scheduled to take office again on January 20.

More than 1,561 people from nearly all 50 states have been charged with crimes related to the breach of Capitol security, including more than 590 people charged with assault or obstructing law enforcement, which are felonies. The U.S. Attorney’s Office says the investigation is ongoing.

Leo Wolfson you can arrive at [email protected].