New York Man Sentenced to Prison for Assaulting Law Enforcement During Jan. 6 Capitol Breach

WASHINGTON- A New York man was sentenced to prison today after he previously pleaded guilty to assaulting law enforcement during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

James Weeks, 55, of Sodus, New York, was sentenced to 27 months in prison, 36 months of supervised release, and ordered to pay $2,774.00 in restitution and a $5,000 fine by U.S. District Judge Beryl A. Howell. Weeks previously pleaded guilty to a to single felony offense of assaulting, resisting, or impeding certain officers on June 27, 2024.

According to court documents, at approximately 3:02 p.m. on Jan. 6, 2021, Weeks was seen on video footage entering the Lower West Terrace Tunnel. The Tunnel was created by the construction of a stage for the upcoming Presidential Inauguration and was the site of some of the most violent attacks against law enforcement that day. After entering the Tunnel, Weeks made his way through a crowd of rioters and toward the police line.

After reaching the police line, and as the crowd of rioters continued to violently fight the police, Weeks reached his arm through the broken pane of glass of one of the gold doors inside the Tunnel behind which the police line was located as if to grab a nearby Metropolitan Police Department (MPD) officer. As he attempted to grab the officer, Weeks yelled, "Shove it up your a-! You fat f-! I'm gonna shove that up your a-!" and "We're gonna f- you up!"

Seconds later, Weeks moved around the doors so that he was directly in front of the police. Other rioters in the crowd called out, "Get that door open!" and, in response, Weeks pushed the door open, allowing more rioters access to the police line in the Tunnel. After opening the door, court documents say that Weeks struck an MPD officer using his hands and body. Shortly after, another rioter sprayed Weeks with a chemical irritant, causing him to exit the Tunnel.

After leaving the Tunnel, Weeks approached the Northwest Courtyard on the Upper West Terrace outside the Capitol building. There, Weeks joined a crowd of rioters gathering outside a set of windows in that area. As other rioters climbed up on the windowsill, kicked, punched, or otherwise struck the panes of glass and/or boards covering the windowpanes, Weeks cheered them on. Weeks then approached the window himself, waved a black can of OC spray through one of the broken panes of glass, and banged it several times against the edges of the window. He then struck the window several times with a wooden stick in conjunction with other rioters, causing the window to break.

The FBI arrested Weeks on Feb. 1, 2024, in Albany, New York.

The U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section are prosecuting this case. The U.S. Attorney's Office for the Western District of New York provided valuable assistance.

The FBI's Buffalo and Washington Field Offices investigated this case. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 44 months since Jan. 6, 2021, more than 1,504 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.