STANDBY: Sentencing begins now in high-level Capitol riot case of Albuquerque Head Feds to seek 8-years prison, arguing Head "wrapped his arm around Officer Fanone’s neck and emitted a sickening yell to his fellow rioters—“I’ve got one!”
Ahead of this sentencing hearing, Head's defense filed a memo seeking leniency, arguing in part: "Albuquerque made a series of bad decisions on January 6th, including deciding to go in the spur-of-a-moment decision"
Officer Michael Fanone is speaking now at Al Head's sentencing Fanone: "What Mr. Head did was restrain me, choke me and drag me out into the vicious crowd"
Fanone is recounting how Head said "I got one" ... while "dragging me out in the vicious crowd"
Fanone: "There's many people who see my public appearances and the prominence I've gained.. as somehow a celebrated level of success. It is not. I would trade all of this attention to return to policing. But I can't do that"
Fanone: "Your honor, I would ask you to show Mr. Head the same mercy he showed me on January 6" Fanone asks judge to sentence Head to the maximum
Prosecutor is showing video of west front tunnel attack on Jan 6. It's worth reiterating the horrific, ferocious and visceral sounds in these videos. The screaming and wailing is palpable
Here comes the defense: He emphasizes that Al Head isn't responsible for everything the judge just watched in the tunnel attack video
Defense argues Head had previously been "in the throws of addiction" In sentencing memo, defense said "Although he has been clean and sober for more than seven years, his level of addiction can raise its ugly head at any time"
Defense: "He has support out there for him." "He is a father, son, brother.. soon to be husband. He's more than he was on January 6"
It appears Albuquerque Head will NOT speak on his own behalf Judge Amy Berman Jackson returns with her sentence for Head in 10 minutes Standby
Albuquerque Head is seeking a sentence of 60 months in prison. Prosecutors are seeking 96 months Head has been in pretrial detention
Among the many arguments in Head's sentencing memo: "Mr. Head boasts considerable experience in the construction industry. He’s touched all of the facets of construction – drywall, roofing, and finishing"
Prosecutors argued Head has "a lengthy criminal history that includes approximately 45 prior arrests" Including those listed here ==>
This moment was detailed granularly by Officer Fanone minutes ago. In sentencing memo, feds say at 3:18pm on Jan 6, 2021, Albuquerque Head "Yells, “Hey! I got one!” Head, with his arm wrapped around Officer Fanone’s neck, then pulled Fanone into the mob"
Here comes Judge Amy Berman Jackson standby
Judge Jackson: "The violence perpetrated by the defendant didn't start when he grabbed Officer Fanone around the neck.. it began with a series of deliberate choices"
Judge describes Head's crime: "These were some of the darkest acts committed on one of our darkest days"
Judge emphasizes the energy Head expended and choices Head made to fight through the barriers, the chemical spray and the clear chaos at Capitol
Judge: "The rioters broke through, not one, but two sets of glass doors" ... and engaged in a "medieval battle"
Judge says the police line was undermanned and ad-hoc, as officers were forced to retreat as mob advanced. About Head, Judge Amy Berman Jackson says, "He'd come all this way from Tennessee with a knife in his back pocket"
Judge: "At about 3:10, he accepted the gas mask from another person... he's re-arming to go back in. There's zero ambiguity about whether he's supposed to be there"
Judge: "The tunnel is packed full of people, many with improvised weapons" "Breaking into the closed United States Capitol by force. There's no other way to describe it"
Judge emphasizes the irony that Head was using a police shield to push against the officers She says the shield is the very symbol of protection
Judge: "Mr. Head was trying to break the officer's hold on the door.. with more heaving from behind"
Judge criticizes defense for using the phrase "Mr. Head became entangled with officer Fanone" (in sentencing memo) Judge: "C'mon!... when you grab someone by the neck you are the actor, the initiator" Judge says dog leashes become "entangled".. this wasn't an "entanglement"
Judge is making multiple criticisms of Head's defense for "watering down" the events of Jan 6 in their argument for leniency
Judge says to Albquerque Head about Officer Michael Fanone, "He was your prey. He was your trophy"
Judge: "Officer Fanone was trapped in a crowd you delivered him to" He was tased and stripped of his badge and radio.. as another urged "Kill him with his gun"
Judge about Head's attack on Officer Fanone: "You exposed him to the crowd"
Judge cites Head's long criminal history in Tennessee. Underage drinking, then fighting, disorderly, theft, assaults.... then failure to appear, driving under revoked license, evading arrest "Not a lot of respect for the courts or police"
