Ray Epps was sentenced Tuesday for his involvement in the January 6, 2021, protests at the U.S. Capitol.
Epps, who appeared virtually for the court proceeding, received a sentence of one year of probation, which did not include jail time or travel restrictions. He must also complete 100 hours of community service, the Associated Press reported.
In September, Epps pled guilty to a misdemeanor charge, and prosecutors had recommended that he be imprisoned for six months.
Epps was suspected by some to have worked with federal agents due to his documented insistence that supporters of then-President Donald Trump storm the Capitol in protest of the 2020 election results, as reported by The Dallas Express. Some of the theories touched on his being added and then removed from the FBI’s most wanted list.
Epps was captured in a video on the night of January 5, 2021, saying Trump supporters need to go into the Capitol.
“I’m going to put it out there,” he said. “I’m probably going to go to jail for it, okay. Tomorrow, we need to go into the Capitol. Into the Capitol.”
He took credit for Trump supporters entering the Capitol the next day, as revealed in texts to his nephew.
“I was in the front with a few others,” he texted. “I also orchestrated it.”
Prosecutors said Epps not only encouraged protesters to enter the Capitol but participated in a group effort to push past a line of police officers on January 6, 2021.
Epps turned himself in to the FBI two days after the protests when he learned agents were attempting to identify him. He was then interviewed by the FBI and members of Congress investigating January 6.
Still, the federal government’s apparent reluctance to prosecute Epps struck a chord with those who believed he may have been an agent provocateur. Such inconsistencies in arrests, charges, and sentencing amongst January 6 cases have led some, including federal legislators such as U.S. Rep. Troy Nehls (R-TX) and Sen. Ted Cruz (R-TX), to suggest that the trials are primarily politically motivated or that the government may have had a more active role in escalating the protest.
Epps sued Fox News last year over accusations the network spread baseless claims about him. The lawsuit named former Fox host Tucker Carlson as the head promoter of the theories.
The virtual hearing on Tuesday featured an apology from Epps.
“I have learned that truth is not always found in the places that I used to trust,” Epps said.
His lawyer claimed the conspiracies forced Epps and his wife to flee from his Arizona home and sell his business.
“He enjoys no golf, tennis, travel, or other trappings of retirement. They live in a trailer in the woods, away from their family, friends, and community,” Edward Ungvarsky, the attorney, wrote in a court filing.
