A Champion man pleaded guilty in the Capitol riot. Here’s how long he faces in prison
A Champion man faces up to one year in prison and a fine of up to $100,000 after admitting Wednesday to participating in the deadly riot in the U.S. Capitol on Jan. 6, 2021.
Stephen M. Ayres, 39, faced felony and misdemeanor counts for allegedly obstructing Congress’ official certification of the November 2020 elections results and for entering and remaining inside the Capitol building among a horde of former President Donald Trump’s supporters.
As part of his plea agreement reached late last month, Ayres on Wednesday pleaded guilty in the Washington, D.C., federal district court to one misdemeanor count of disorderly and disruptive conduct in a restricted building or grounds.
Had Ayres been carrying a weapon or harmed others during the riot, that charge would have been upgraded to a felony, the agreement notes.
His remaining three charges — all non-violent — were dismissed.
Ayres has no prior criminal convictions, according to the U.S. Department of Justice.
He faces a maximum possible sentence of one year in prison and a maximum fine of $100,000, but prosecutors recommended he serve zero to six months in prison and pay a fine of between $2,000 and $20,000.
His sentence will ultimately be decided by the judge when he returns to court on Sept. 13.
Ayres has also waived his right to withdraw the plea or appeal the conviction or sentence.
Prior to his sentencing, authorities plan to review more of Ayres’ social media activity around Jan. 6 and interview him about the riot, according to the plea agreement.
What he did
Ayres drove from Ohio to Washington, D.C., the day before Trump’s “Stop the Steal” protest rally, which devolved into a deadly insurrection. His intention was to protest Congress’ certification of the Electoral College results confirming Joe Biden as the winner of the 2020 presidential election, according to a statement offense that Ayres acknowledged late last month.
In Facebook posts made days earlier, Ayres referenced his upcoming trip to the Capitol and alleged “treason against a sitting U.S. president” committed by the “mainstream media,” the Democratic party, the U.S. foreign intelligence surveillance courts, U.S. Supreme Court Chief Justice John Roberts and House Speaker Nancy Pelosi.
“History is being made right in front of your eyes!” he wrote, according to the offense statement. “When your grandchildren ask “Where were you when...........happened? What’s your answer going to be?”
The post included an image of a poster calling protesters to the Capitol for a Jan. 6, 2021, rally — “Be there, will be wild,” it read.
Ayres entered the Capitol Building through its Senate Wing doors just before 3 p.m., after makeshift police barriers had been breached, alongside the mob that was “chanting and parading inside the Capitol,” according to the statement.
Ayres later recounted the riot in a video posted to YouTube, alongside a man later identified as Matthew Perna of Sharpsville, Pennsylvania — who was charged as Ayres’ codefendant — and an unidentified woman. In that video, Perna blamed the violence at the Capitol on antifa — a shorthand for a decentralized anti-fascist movement — according to Ayres’ criminal affidavit.
“It’s not over, trust me,” Ayres said, according to the statement. “The purpose of today was to expose [former Vice President Mike] Pence as a traitor.”
Trump had falsely stated on social media that Pence had the power to unilaterally overturn the election results, sending them “back to the states.” That claim has since been disproven.
The prosecution
Ayres was arrested in Warren on Jan. 25, 2021, and pleaded not guilty to all counts during his arraignment more than a month later.
A D.C. federal court magistrate authorized a search warrant for Ayres’ Facebook account on Jan. 19. Investigators found multiple posts and shared media from the Capitol riot in which Ayres appears or identifies himself. Those media were then referenced with video footage in which Ayres and Perna appear inside the Capitol Building.
Perna on Jan. 19 turned himself in to the FBI and admitted to investigators that he entered the Capitol Building briefly. He was charged with obstruction, entering a restricted building and two disorderly conduct charges, according to Justice Department records. He pleaded guilty to those charges on Dec. 17.
Perna died by suicide on Feb. 25, less than a week before his sentencing date. In his obituary published in the Sharon Herald, Perna’s relatives said the man died “of a broken heart” and that he attended the Jan. 6 rally to “peacefully stand up for his beliefs.”
“For this act he has been persecuted by many members of his community, friends, relatives, and people who had never met him. Many people were quietly supportive, and Matt was truly grateful for them,” the obituary reads. “The constant delays in hearings, and postponements dragged out for over a year. Because of this, Matt’s heart broke and his spirit died. Matt did not have a hateful bone in his body. He embraced people of all races, income brackets, and beliefs, never once berating anyone for having different views.”
What’s next
A nine-member congressional committee investigating the Jan. 6 attack will discuss its findings during a series of hearings over the next several weeks, which begin with a prime-time session Thursday, the Associated Press reported.
Here are more details on the presentation and how to watch:
At least four other Valley residents believed to have participated in the Jan. 6 riot are still awaiting trial.
Rachel Marie Powell of Sandy Lake, Pennsylvania
Powell was indicted on eight felony and misdemeanor charges, including:
- Obstruction of an official proceeding;
- Destruction of government property;
- Entering and remaining in a restricted building or grounds with a deadly or dangerous weapon;
- Disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon;
- Engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon;
- Disorderly conduct in a Capitol building;
- Act of physical violence in the Capitol grounds or buildings;
- Parading, demonstrating or picketing in a Capitol building.
Powell is seen in various social media from the Jan. 6 riot using a bullhorn to coordinate rioters who’d breached the Capitol Building and helping ram a large pipe through one of the building’s windows, prosecutors said. She was also carrying an ice ax during the riot, according to her indictment.
Powell turned herself in Feb. 4 and was indicted the following month. She has pleaded not guilty to all counts.
Most recently, she requested an oral argument on her motion to dismiss her obstruction charge. She remains free on a personal recognizance bond but has been placed on GPS monitoring.
Kenneth Joseph Owen Thomas of East Liverpool
Thomas was indicted on six felony and misdemeanor charges, including:
- Assaulting, resisting or impeding certain officers or employees;
- Obstruction of law enforcement during civil disorder;
- Knowingly entering or remaining in any restricted building or grounds without lawful authority;
- Disorderly and disruptive conduct in a restricted building or on restricted grounds;
- Engaging in physical violence in restricted building or on restricted grounds;
- Engaging in physical violence on Capitol grounds.
In body camera footage taken from the steps of the Capitol Building during the Jan. 6 attack, Thomas is seen repeatedly striking officers with his arms and fists, according to his criminal complaint.
In a video Thomas reportedly posted to his YouTube channel, he said the group of people he was with were “going to storm the Capitol.” Thomas, wearing a camouflage “Veteran for Trump” hat, also identified himself as “Pi Annon,” the organizer of a 60-vehicle “MAGA Caravan” that convened in Ashland, Virginia, before heading to the Capitol.
Thomas was arrested May 26 in Birmingham, Alabama. He was indicted Sept. 1. He has pleaded not guilty to all counts.
His case is set for a status conference in July. Court records suggest Thomas is negotiating a plea agreement. He remains free on a personal recognizance bond.
Philip C. Vogel II and Debra J. Maimone of New Castle, Pennsylvania
Vogel and Maimone have been charged with several misdemeanor counts, including:
- Theft of property — $1,000 or less;
- Entering and remaining in a restricted building;
- Disorderly and disruptive conduct in a restrictive building;
- Violent entry and disorderly conduct on Capitol grounds;
- Parading, demonstrating or picketing in a Capitol building;
- Aiding and abetting.
Vogel and codefendant Maimone are accused of helping others steal gas masks, escape hoods and a pouch — all with a total value of at most $1,000 — in addition to breaching the Capitol Building to disrupt government proceedings.
Both were arrested March 19 and arraigned the following month and have pleaded not guilty to all counts.
Both of their cases are due for status reports next month. Court records suggest they are negotiating plea agreements. They remain free on personal recognizance bonds.
This story was originally published June 8, 2022 at 4:46 PM.