U.S. Capitol and Fresno protester convicted in DC riot. Supreme Court ruled on charges
A Madera man who made news in Fresno for anti-mask protests during the COVID-19 pandemic was convicted for his actions at the Jan. 6, 2021, assault on the Capitol in Washington D.C., prosecutors said on Thursday.
The conviction came the day before a decision by the Supreme Court that could lead to overturned and reduced sentences.
A jury found Benjamin J. Martin, 46, guilty of felony offenses of civil disorder and obstruction of an official proceeding along with several misdemeanors during a scuffle with Capitol police as he and others forced their way into the Capitol, the U.S. Department of Justice said in a news release.
Martin also became known in Fresno in January 2021 for protests on mask policies that local stores had adopted as part of state mandates.
A mob of President Donald Trump supporters and others on Jan. 6, 2021, forced their way past police and into the U.S. Capitol building, halting the constitutional process of certifying the Electoral College count following the previous year’s presidential election.
Prosecutors said Martin took part in the assault and urged the mob to breach the Capitol doors. He’s scheduled to be sentenced on Nov. 15.
Reached by phone on Friday, Martin’s public defender said he could not immediately comment, but noted the Supreme Court’s decision would likely lead to an overturning of the conviction.
Martin attended the 2021 rally on the National Mall on the day of the riot, prosecutors said.
He made his way to a group of rioters near a double door on the north side of the building about 3 p.m. before commanding two officers to “let us in,” prosecutors said at trial. At one point he shouted, “our house,” into the face of an officer, who did not respond to Martin.
A rioter exited those same double doors, causing them to be open briefly enough that Martin was able to reach past the officers and prevent them from closing, prosecutors said. The alarm was sounding as he held the door so that others could flood in.
Officers then were able to push Martin and others back out through the same door, according to prosecutors. The doors remained open.
Rioters began tackling and shoving officers, and some hurled objects at them. The officers retreated back into the building as Martin continued to hold the door, prosecutors said.
One officer struck Martin’s arm with a baton but Martin continued to hold the door, prosecutors said. The officer attempted to strike him more times but Martin evaded the baton before another rioter sprayed the officer with a chemical.
Officers were able to close the door though it was forced open once more as Martin helped to pull it open, prosecutors said. Officers then sprayed the rioters and fired pepper bullets.
Martin remained in the area for more than an hour as rioters attempted to re-enter the building, telling officers “we are going to rise up against an oppressive government” and admonishing them to “walk away from (their) posts.” He left the area as more officers arrived.
The Supreme Court in a 6-3 decision Friday that included conservatives and liberals, ruled a felony charge at the center of many of the Jan. 6 cases of obstructing an official proceeding should only be applied to destroying or attempting to destroy “records, documents, objects, or other things used in an official proceeding.”
The case, Fischer v. United States, questioned whether federal prosecutors should have used the obstruction charge, which — before being used against Jan. 6 rioters — was used mainly against people tampering with business records.
Benjamin Martin and Fresno protests
Weeks after the assault on the Capitol, Martin became a leader among some who opposed Fresno and state mandates for wearing masks as a way to prevent the spread of the potentially deadly COVID-19 virus.
Martin and other protesters would visit local stores and challenge the mask requirement by saying the state’s mandate violated their constitutional rights. Legal experts have said it didn’t.
The Phoenix-based Sprouts Farmers Markets had enough of Martin’s activities in January 2021 and got a judge to issue a temporary restraining order preventing him from stepping within 100 yards of the store.
The Sacramento Bee contributed to this report.
