WASHINGTON D.C., DC — A man from southwest Colorado was sentenced to a year in jail after he pleaded guilty to taking part in the insurrection at the U.S. Capitol on Jan. 6, 2021.
Avery MacCracken, 70, pleaded guilty to a felony count of obstructing law enforcement officers during a civil disorder in a District of Columbia federal court in October 2023.
Judge Richard Leon sentenced MacCracken to 12 months and one day in prison, 36 months of supervised release and ordered him to pay $2,000 in restitution.
According to the arrest affidavit for MacCracken, he was part of a large group of 2020 election protesters that entered a restricted area on the West Plaza of the Capitol at around 2 p.m. local time on Jan. 6.
Just before 2:30 p.m., MacCracken moved to the front of the mob and said to a police officer, "You should be on our side, taking these sons of bitches out," the affidavit states.
MacCracken then went to an area where rioters had pulled away metal barricades, the affidavit says. MacCracken balled his fists as he advanced toward a line of officers, the affidavit says. He then raised his fist to strike an officer, but the officer deflected him, the affidavit states. MacCracken then grabbed another officer's arm and uniform, briefly tussling before moving past, the affidavit says.
He then made it to the Upper West Plaza with other rioters. MacCracken continued advancing toward the Capitol and threatened an officer, calling him a "m-----f-----" and asked if he wanted to "start something," the affidavit says.
He eventually climbed to the top of the Inauguration bleachers and joined other rioters, combatting police officer efforts to remove them from the area, the affidavit says. MacCracken faced off with officers and refused to leave until he was physically pushed off the platform by police.
MacCracken kept taking part in the riot on the West Front of the Capitol despite officers using tear gas, flash bangs and other deterrents to disperse the rioters, the affidavit says. He and other rioters were finally removed at about 5 p.m. as police were able to clear area.
MacCracken was identified by a Telluride resident after his photos were posted by the FBI and on the seditionhunters.org website. San Miguel County Sheriff Bill Masters and Telluride Chief Marshal Josh Comte both confirmed MacCracken's identity due to having multiple interactions with him over the years, the affidavit says.
MacCracken was arrested by FBI agents in December 2021.
SUGGESTED VIDEOS: Investigations & Crime
