A federal judge’s one-sentence order in the case of a Gravette man charged in the Jan. 6, 2021, Capitol riot gives a strong indication that he believes the Arkansan may get out of prison earlier than expected.
U.S. District Judge Christopher R. Cooper has told a federal probation office to recalculate sentencing guidelines for Richard “Bigo” Barnett with the assumption that an appeals court will order Barnett’s obstruction conviction vacated on appeal.
Barnett has argued that a recent U.S. Supreme Court ruling should negate his obstruction conviction. Even if that charge is dismissed, Barnett still has other convictions affecting his 4.5-year prison sentence.
Barnett’s attorney also has contended that “there is a very serious risk that Mr. Barnett is already overserving the sentence he would receive if his appeal succeeds.”
The prosecution, however, contends that Barnett would be a safety risk in light of the nation’s already dangerous political climate — a concern Barnett disputes, saying he’s willing to stay away from Washington, D.C., if necessary.
Barnett, 64, became notorious for a picture in which he posed with one foot on a desk in then-House Speaker Nancy Pelosi‘s Capitol office. While he was not charged with committing acts of violence, he did carry a high-voltage stun gun attached to a walking stick into the Capitol where he and hundreds of others were protesting the certification of Joe Biden’s victory over Donald Trump in the 2020 presidential election.
In a brief order with no explanation, Judge Cooper wrote that, in light of Barnett’s motion for release pending appeal to the District of Columbia Circuit Court of Appeals, the probation office should prepare a revised sentencing guidelines calculation with the assumption that the judge would vacate Barnett’s obstruction conviction.
The judge gave the probation office until Aug. 16. Cooper issued the order Friday, July 26.
Barnett, sentenced to 4.5 years in prison in May 2023, is incarcerated in Seagoville, Texas, and is currently scheduled for release Oct. 15, 2026.
Felony charges against Barnett included obstruction of an official government proceeding; interfering with a police officer during a civil disorder; entering and remaining in a restricted building or grounds with a dangerous or deadly weapon; and disorderly and disruptive conduct in a restricted building or grounds with a dangerous weapon.
Jurors in Washington, D.C., also convicted Barnett of entering and remaining in certain rooms in a Capitol building; disorderly conduct in a Capitol building; theft of government property; and parading or demonstrating in a Capitol building.