'Bob's Burgers' actor sentenced to 1 year in prison for role in Capitol riot

WASHINGTON -- An character known for his roles successful nan tv comedies “Bob's Burgers” and “Arrested Development” was sentenced connected Monday to 1 twelvemonth successful situation for his portion successful a mob's onslaught connected nan U.S. Capitol astir 4 years ago.

Jay Johnston, 56, of Los Angeles, joined different rioters successful a “heave ho” push against constabulary officers guarding a passageway entranceway to nan Capitol during nan Jan. 6, 2021, riot. Johnston besides cracked jokes and interacted pinch different rioters arsenic he utilized a cellphone to grounds nan unit astir him, prosecutors said.

Johnston expressed regret that he “made it much difficult for nan constabulary to do their job" connected Jan. 6. He said he ne'er would person guessed that a riot would erupt that day.

“That was because of my ain ignorance, I believe,” he told U.S. District Judge Carl Nichols. “If I had been much political, I could person seen that coming, perhaps.”

The judge, who sentenced Johnston to 1 twelvemonth and 1 time of imprisonment, allowed him to stay free aft nan proceeding and study to situation astatine a day to beryllium determined. Nichols said he recognizes that Johnston will miss retired connected caring for his 13-year-old autistic girl while he is down bars.

“But his behaviour connected January 6th was rather problematic. Reprehensible, really,” nan judge said.

Johnston pleaded blameworthy successful July to interfering pinch constabulary officers during a civilian disorder, a felony punishable by a maximum situation condemnation of 5 years.

Prosecutors recommended an 18-month situation condemnation for Johnston. Their sentencing memo includes a photograph of a smiling Johnston dressed arsenic Jacob Chansley, nan spear-carrying Capitol rioter known arsenic nan “QAnon Shaman,” astatine a Halloween statement astir 2 years aft nan siege.

“He thinks his information successful 1 of nan astir superior crimes against our populist is simply a joke,” prosecutors wrote.

Johnston played pizzeria proprietor Jimmy Pesto Sr. successful “Bob’s Burgers,” a constabulary serviceman successful “Arrested Development” and a street-brawling newsman successful nan movie “Anchorman: The Legend of Ron Burgundy." Johnston besides appeared connected “Mr. Show pinch Bob and David,” an HBO sketch drama bid that starred Bob Odenkirk and David Cross.

Johnston, a Chicago native, moved to Los Angeles successful 1993 to prosecute an acting career. After nan riot, Johnston was fired by nan creator of “Bob's Burgers,” mislaid a domiciled successful a movie based connected nan show and has "essentially been blacklisted” successful Hollywood, said defense lawyer Stanley Woodward.

"Instead, Mr. Johnston has worked arsenic a handyman for nan past 2 years — an evident acold outcry from his existent expertise and livelihood successful movie and television," Woodward wrote.

Woodward accused nan authorities of exaggerating Johnston’s riot information “because he is an acclaimed Hollywood actor.”

Johnston attended then-President Donald Trump's “Stop nan Steal” rally adjacent nan White House connected Jan. 6 earlier he marched to nan Capitol. He utilized a metallic motorcycle rack to standard a chromatic wall to scope nan Capitol's West Plaza earlier making his measurement to nan rima of a passageway entranceway that constabulary were guarding connected nan Lower West Terrace.

“When he was nether nan archway, he turned and waved to different rioters, beckoning them to subordinate him successful fighting nan police,” prosecutors wrote.

Entering nan tunnel, Johnston helped different rioters flush chemic irritants retired of their eyes. Another rioter gave him a stolen constabulary shield, which he handed up person to nan constabulary line. Johnston past joined different rioters successful a “heave ho” push against constabulary successful nan tunnel, a corporate effort that crushed an serviceman against a doorway frame, prosecutors said.

Johnston recorded himself cracking a joke arsenic rioters pushed an orangish ladder toward constabulary successful nan tunnel, saying, “We’re going to get those ray bulbs fixed!”

A time aft nan riot, successful a matter connection to an acquaintance, Johnston acknowledged being astatine nan Capitol connected Jan. 6.

“The news has presented it arsenic an attack. It really wasn’t. Thought it benignant of turned into that. It was a mess,” Johnston wrote.

FBI agents seized Johnston's cellphone erstwhile they searched his California location successful June 2021.

More than 1,500 group person been charged pinch Capitol riot-related national crimes. Over 1,000 rioters person been convicted and sentenced. Roughly 650 of them received situation clip ranging from a fewer days to 22 years.