WASHINGTON — A Colorado man who pleaded guilty to entering the U.S. Capitol on Jan. 6, 2021, was sentenced Thursday to 12 months of probation - with three months of that sentence to be served as home incarceration.
Pagosa Springs resident Clive Kincaid, 76, pleaded guilty in April to one count of entering and remaining in a restricted building or grounds. Three other counts he faced were dismissed.
Kincaid was arrested in August 2023. According to an arrest affidavit, FBI investigators found that the user of a certain phone number was inside the Capitol on Jan. 6. Investigators connected the phone number to Kincaid and spotted him in surveillance footage captured inside the Capitol, according to the affidavit. The affidavit also says Kincaid was at the front of a crowd that was pushing through a police line.
According to the plea, an officer shot Kincaid with six rubber bullets while he was walking up the steps to the Capitol. At the top of the stairs, he was hit with a chemical spray that was deployed by a rioter behind him, the plea says.
An FBI investigator interviewed Kincaid on Aug. 28, 2021, according to the affidavit. During that interview, he admitted to being inside the Capitol on Jan. 6, the affidavit says. He also reviewed images the FBI had taken from video "and confirmed that he is the person in the images," the affidavit says.
On Tuesday, Kincaid's attorney filed a memorandum with the court asking that his client not be given any prison time on the grounds that he had no criminal history and he had "found himself at the wrong place at the wrong time" after attending the rally that preceded the riot.
"He got caught up in the circumstances and engaged in unacceptable conduct," the memorandum states.
The memorandum says Kincaid would admit to taking a baton to a House Chamber door.
The sentencing range was zero to six months in prison. On Thursday, Kincaid was sentenced to 12 months of probation - to include three months of home incarceration. He was also ordered to pay a fine of $876 and restitution of $500 and a special assessment fee of $25.