A North Adams man photographed at the front of mob that stormed the U.S. Capitol on Jan. 6 has pleaded guilty to a misdemeanor offense, and is due to be sentenced next year.
As part of a plea deal struck with federal prosecutors, Brian P. McCreary, 34, this week admitted to the misdemeanor offense of entering or remaining in a restricted building. According to court documents, federal sentencing guidelines suggest a penalty for McCreary, who does not have a prior criminal record, of zero to six months incarceration.
“While inside the building, the defendant was with the mob of rioters that ascended the stairs to the second floor of the Senate side of the U.S. Capitol building, where the group was confronted by law enforcement who instructed them to peacefully exit the building,” said Assistant U.S. Attorney Brandon K. Regan in an agreed statement of offense.
According to the court document, a member of law enforcement then stopped McCreary and asked if he was a member of the press.
When he denied being press, he was ordered to leave the building, but later reentered the Capitol through another door that had been “kicked open.”
McCreary finally left the premises after hearing a gunshot ring out, according to the court document. In a Jan. 26 interview with the FBI, he sought to depict himself as a peacekeeper during the riot.
But he told the FBI that he went to what he called the “rally” at the Capitol “because he was frustrated with the results of the 2020 Presidential election, specifically the fact that an audit was not performed to address allegations of mass voter fraud,” according to a complaint filed by FBI Special Agent Emily Eckert. Officials across many levels of government have said that there was no widespread election fraud in the 2020 presidential election.
McCreary went on to tell The Eagle that he nonetheless wanted to document what rioters were doing — and, in the process, he was photographed alongside Jacob Chansley, the high-profile Capitol defendant who became known as the “QAnon Shaman.”
At his plea agreement hearing Thursday before U.S. Chief Judge Beryl Howell, the judge confirmed that McCreary had given the government eight video clips he took during the failed insurrection. Courthouse News Service reported that one of the videos depicted the rioters chasing Capitol Police Officer Eugene Goodman.
In court, McCreary said he should have known that his presence inside the Capitol was illicit, according to the News Service.
“I realized upon reflection that that should have been obvious to me,” he said.
McCreary was fired from his job delivering pizza for a Domino’s franchise in North Adams after Jan. 6. He is due to be sentenced Jan. 14, 2022, just over one year after the violent and deadly riot at the Capitol, and will remain free on the terms of his pre-sentencing release before that.