Actor Jay Johnston, of Bob’s Burgers and Anchorman: The Legend of Ron Burgundy fame, is heading to prison for his role in the Jan. 6, 2021 riot at the U.S. Capitol.
On Monday, Johnston, 56, was sentenced to 12 months and one day in federal prison. The ruling came almost four months after the actor pleaded guilty to interfering with police officers on duty the day of the riot.
His lawyer told a federal judge he’s been “blacklisted” by Hollywood since the riot.
Jay Johnston approaching the lower west terrace Tunnel on Jan. 6, 2021.
U.S. Justice Department
“It’s a humiliation and a horrible oversight,” Johnston told U.S. District Judge Carl Nichols of his participation in the riot.
He expressed regret that he “made it more difficult for the police to do their job” on Jan. 6. He said he never would have guessed that a riot would erupt that day.
“That was because of my own ignorance, I believe,” he told Nichols. “If I had been more political, I could have seen that coming, perhaps.”
The judge allowed him to remain free after the hearing and report to prison at a date to be determined. Nichols said he recognizes that Johnston will miss out on caring for his 13-year-old autistic daughter while he is behind bars.
“But his conduct on January 6th was quite problematic. Reprehensible, really,” the judge said.
Johnston, who is best known for voicing pizzeria owner Jimmy Pesto on the animated Bob’s Burgers, was arrested last year and charged with a felony count of civil disorder. He was accused of confronting police officers as part of a mob of Donald Trump supporters, many of whom unlawfully entered the U.S. Capitol building.
On Jan. 6, 2021, Johnston was photographed among a mob of rioters assembled on the Lower West Plaza of the U.S. Capitol building near an area known as the “Tunnel,” according to a prior press release from the U.S. District of Columbia Attorney’s Office.
Jay Johnston holding a Capitol Police shield in the lower west terrace tunnel on Jan. 6, 2021.
U.S. Justice Department
The authority said the area saw “some of the most violent attacks” against law enforcement during the riot.
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Johnston, who filmed much of the riot on his cellphone, stood behind a row of police barricades in the Tunnel.
For 40 minutes, rioters attempted to remove the barricades and advance closer to the Capitol building.
Johnston was seen facing the crowd of rioters as he pounded his fists together and pointed.
He was handed a stolen U.S. Capitol police riot shield from another person in the crowd. As some rioters called out to “make a shield wall,” Johnston held the shield in front of him for a few moments before handing it off.
This image from Washington Metropolitan Police Department shows actor Jay Johnston, circled in yellow, at the U.S. Capitol on Jan. 6, 2021, in Washington.
Justice Department via AP
As Johnston and others continued to push toward the police line in the Tunnel, court documents say a Metropolitan Police Department officer was crushed between the crowd and a door.
Police were eventually forced to retreat.
Soon after, Johnston left the Tunnel. He did not enter the Capitol building with other rioters.
On Monday, prosecutors recommended an 18-month prison sentence for Johnston. Their sentencing memo includes a photograph of a smiling Johnston dressed as Jacob Chansley, the spear-carrying Capitol rioter known as the “QAnon Shaman,” at a Halloween party roughly two years after the siege.
“He thinks his participation in one of the most serious crimes against our democracy is a joke,” prosecutors wrote.
Before his arrest, Johnston was one of hundreds sought out by the FBI in connection to the riot. With the help of social media users who recognized Johnston from his many TV cameos, as well as Johnston’s personal contacts, federal agents were able to make the arrest.
More than 1,500 people have been charged with Capitol riot-related federal crimes. More than 1,000 rioters have been convicted and sentenced. Roughly 650 of them received prison time ranging from a few days to 22 years.
Johnston is no longer the voice of Jimmy Pesto on Bob’s Burgers. Canadian-American voice actor Eric Bauza has since taken on the role.
Johnston’s acting credits also include the TV shows Arrested Development, Mr. Show with Bob and David, Better Call Saul and The Sarah Silverman Program.
— with files from Global News and The Associated Press
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