NORTH ADAMS — A city man who was part of the mob that stormed the U.S. Capitol in January 2021 was sentenced last week to three years probation.
Brian McCreary’s sentence, which was handed down Friday in D.C. District Court, also includes 42 days of intermittent confinement and two months of home confinement, according to court documents.
In a plea deal struck earlier this year, McCreary admitted to the misdemeanor offense of entering or remaining in a restricted building. Other initial charges, including disorderly conduct and “obstruction of an official proceeding,” were dropped. McCreary says his actions were “utterly inexcusable,” his lawyers wrote in recent court documents.
McCreary drove to D.C. for the “Stop the Steal” rally against the 2020 presidential election results and was part of the mob that entered the Capitol building on Jan. 6, according to an agreed statement of offense he signed last year. He knew that he didn’t have the authority to enter the building, the agreement says. The next day, he contacted the FBI and gave them video footage he took, evidence the government later said in court documents was valuable.
McCreary said he did not want to discuss the case. "The judge made a decision, and I will honor it," he said in a text to The Eagle in response to a request for an interview. "I plan to move forward regardless of hurdles."
McCreary did not think Donald Trump won the election but had questions about the voting, he previously told The Eagle.
“I went to D.C. to support the idea behind having audits. In no way to support an ‘insurrection,’ or that Trump was the ‘rightful’ winner of the election. Just audits,” McCreary told The Eagle last year.
He spent about 30 minutes in the Capitol.
“Although the defendant did not engage in violence or property destruction during the riot, he was surrounded by it and continued to travel with those engaging in this actively,” Assistant U.S. Attorney Brandon Regan wrote in the prosecutor’s sentencing memorandum earlier this year. “Before entering the Capitol Building on January 6, he was present at times when other rioters were destroying property and harassing law enforcement officers, yet he remained undeterred.”
McCreary left the building after an officer asked him to leave, but then reentered through a door that had been “kicked open by other rioters,” and he left again after hearing a gunshot, Regan wrote in his memo.
He is “truly remorseful that he permitted himself to be swept up in the chaotic events of January 6, 2021, which unfolded so rapidly and explosively that he failed at the time to grasp the true implications of his actions,” his attorneys Jeffrey A. Denner and Richard D. Heideman wrote in a sentencing memorandum filed in February. “He understands well, now, that while his remorse may mitigate, it cannot excuse his actions on that day.”
He believed he was “bearing (video) witness to what was tragically occurring before him,” the memo adds.
That information was given to the FBI within 24 hours of the riots, Regan said in his sentencing memo.
“I turned in what I had because it is evidence of individuals who were destructive,” McCreary previously told The Eagle. “Evidence of individuals attempting to incite others into destructive action. Both inside and outside the Capitol building. It was the right thing to do."
This story has been updated to include a comment from Brian McCreary.