Jurors weigh man’s self-defense claim in Capitol riot trial

Apr 29, 2022, 2:53 AM | Updated: 3:08 pm
FILE - This still frame from Metropolitan Police Department body worn camera video shows Thomas Web...

FILE - This still frame from Metropolitan Police Department body worn camera video shows Thomas Webster, in red jacket, at a barricade line at on the west front of the U.S. Capitol on Jan. 6, 2021, in Washington. Retired New York City police officer Webster is the next to go on trial, with jury selection scheduled to begin Monday, April 25, 2022. Webster has claimed he was acting in self-defense when he tackled a police officer who was trying to protect the Capitol from a mob on Jan. 6. (Metropolitan Police Department via AP, File)

(Metropolitan Police Department via AP, File)

WASHINGTON (AP) — Federal prosecutors on Friday urged a jury to reject a retired New York City police officer’s argument that he was acting in self-defense when he swung a flagpole at police officers and tackled one of them during the U.S. Capitol riot.

Thomas Webster, a 20-year NYPD veteran, is the first Capitol riot defendant to be tried on an assault charge and the first to present a jury with a self-defense argument.

Jurors went home for the weekend about 30 minutes after getting the case. They’re due back Monday for deliberations.

During the trial’s closing arguments, Assistant U.S. Attorney Brian Kelly urged jurors to use their common sense and trust what they saw on several videos that captured the confrontation. Kelly said the videos show Webster swing his metal flagpole like a club, “bull rush” Metropolitan Police Department officer Noah Rathbun and then grab the officer’s gas mask with both hands.

“Don’t let the defendant off the hook for what he did that day,” Kelly said.

Webster, 56, testified Thursday that he was trying to protect himself from a “rogue cop” who punched him in the face. He also accused Rathbun of instigating the confrontation.

Rathbun testified that he didn’t punch or pick a fight with Webster as a mob attacked the Capitol on Jan. 6, 2021, disrupting Congress from certifying President Joe Biden’s electoral victory.

Defense attorney James Monroe said Webster had a right to defend himself against a “bad cop” who was using excessive force.

“Acquit this man. Send him back to New York,” Monroe told jurors. “Get behind the truth. And I’m talking about the whole truth.”

Webster’s jury trial is the fourth for a Capitol riot case. The first three defendants to get a jury trial were convicted of all charges in their respective indictments. A judge decided two other cases without a jury, acquitting one of the defendants and partially acquitting the other.

A grand jury indicted Webster on six counts, including a charge that he assaulted Rathbun with a dangerous weapon, a metal flagpole. He wasn’t accused of entering the Capitol on Jan. 6.

Webster drove alone to Washington, D.C., from his home near Goshen, New York, on the eve of the Jan. 6 “Stop the Steal” rally. He was wearing a bulletproof vest and carrying a U.S. Marine Corps flag on a metal pole when he approached the Capitol, after listening to then-President Donald Trump address thousands of supporters.

Webster said he went to the Capitol to “petition” lawmakers to “relook” at the results of the 2020 presidential election. But he testified that he didn’t intend to interfere with Congress’ joint session to certify the Electoral College vote.

Rathbun’s body camera captured Webster shouting profanities and insults before they made any physical contact. Webster said he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of bike racks.

The body camera video shows that Webster slammed one of the bike racks at Rathbun before the officer reached out with an open left hand and struck the right side of Webster’s face. Webster said it felt like he had been hit by a freight train.

Rathbun said he was trying to move Webster back from a security perimeter that he and other officers were struggling to maintain.

After Rathbun struck his face, Webster swung a metal flagpole at the officer in a downward chopping motion, striking a bike rack. Rathbun grabbed the broken pole from Webster, who charged at the officer, tackled him to the ground and grabbed his gas mask.

Rathbun testified that he started choking as the chinstrap on his gas mask pressed against his throat.

Webster said he grabbed Rathbun by the gas mask because he wanted the officer to see his hands and know that he didn’t pose a threat.

“Does that make any amount of sense to any of you?” Kelly asked jurors.

Rathbun reported a hand injury from a separate encounter with a rioter inside the Capitol. He didn’t report any injuries caused by Webster, but jurors saw photos of leg bruises that Rathbun attributed to his confrontation with the retired officer.

Webster faces six counts: assaulting, resisting or impeding an officer using a dangerous weapon; civil disorder; entering and remaining in restricted grounds with a dangerous weapon; disorderly and disruptive conduct in restricted grounds with a dangerous weapon; engaging in physical violence in restricted grounds with a dangerous weapon; and engaging in an act of physical violence on Capitol grounds.

Webster retired from the NYPD in 2011 after 20 years of service, which included a stint on then-Mayor Michael Bloomberg’s private security detail. He served in the U.S. Marine Corps from 1985 to 1989 before joining the NYPD in 1991.

More than 780 people have been charged with riot-related federal crimes. The Justice Department says over 245 of them have been charged with assaulting or impeding law enforcement.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

File - People shop at an Apple store in the Westfield Garden State Plaza mall in Paramus, New Jerse...
Associated Press

A key inflation gauge tracked by the Fed slowed in February

The Federal Reserve's favored inflation gauge slowed sharply last month, an encouraging sign in the Fed's yearlong effort to cool price pressures through steadily higher interest rates.
9 hours ago
FILE - The OpenAI logo is seen on a mobile phone in front of a computer screen displaying output fr...
Associated Press

Musk, scientists call for halt to AI race sparked by ChatGPT

Are tech companies moving too fast in rolling out powerful artificial intelligence technology that could one day outsmart humans?
1 day ago
starbucks...
Associated Press

Starbucks leader grilled by Senate over anti-union actions

Longtime Starbucks CEO Howard Schultz faced sharp questioning Wednesday before the Senate Health, Education, Labor and Pensions Committee
2 days ago
FILE - The overdose-reversal drug Narcan is displayed during training for employees of the Public H...
Associated Press

FDA approves over-the-counter Narcan; here’s what it means

The U.S. Food and Drug Administration on Wednesday approved selling naloxone without a prescription, the first over-the-counter opioid treatment.
2 days ago
FILE - A Seattle police officer walks past tents used by people experiencing homelessness, March 11...
Associated Press

Seattle, feds seek to end most oversight of city’s police

  SEATTLE (AP) — The U.S. Justice Department and Seattle officials asked a judge Tuesday to end most federal oversight of the city’s police department, saying its sustained, decade-long reform efforts are a model for other cities whose law enforcement agencies face federal civil rights investigations. Seattle has overhauled virtually all aspects of its police […]
3 days ago
capital gains tax budgets...
Associated Press

Washington moves to end child sex abuse lawsuit time limits

People who were sexually abused as children in Washington state may soon be able to bring lawsuits against the state, schools or other institutions for failing to stop the abuse, no matter when it happened.
3 days ago

Sponsored Articles

Compassion International...

Brock Huard and Friends Rally Around The Fight for First Campaign

Professional athletes are teaming up to prevent infant mortality and empower women at risk in communities facing severe poverty.
Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Jurors weigh man’s self-defense claim in Capitol riot trial