Prosecutors advocate jail time for Virginia Beach brothers concerned in U.S. Capitol riot – Each day Press

Federal prosecutors will search jail time for 2 Virginia Beach brothers after they’re sentenced this week for his or her function within the Jan. 6, 2021 riots on the U.S. Capitol.

Eric Von Bernewitz, 47, a dealer who provides furnishings for presidency places of work and navy barracks, and his brother, Paul Von Bernewitz, 51, a restaurant server, are scheduled to be sentenced Tuesday in U.S. District Court for the District of Columbia.

Both pleaded responsible in January to parading, demonstrating or picketing in a Capitol constructing, a misdemeanor offense that carries a most penalty of six months in jail and a $5,000 tremendous.

Prosecutors plan to ask U.S. District Judge Christopher R. Cooper to condemn Eric Von Bernewitz to 14 days, and Paul Von Bernewitz to 45 days, in keeping with paperwork filed final week.

Assistant U.S. Attorney Michael Mitchell wrote in a doc filed final week that the pair ought to spend time behind bars as a result of a number of movies recorded that day present they had been a part of the group that originally breached the steel obstacles surrounding the Capitol, and had been shut by when others violently pushed previous police and broke home windows to get inside.

Mitchell wrote that Paul Von Bernewitz deserves extra time as a result of he was extra actively concerned with the rioters and helped push the group ahead whereas his brother stood again. Paul Von Bernewitz additionally has a number of convictions on his report for alcohol-related offenses and assaults, he mentioned.

One video exhibits Paul and Eric Von Bernewitz shifting rapidly towards a police line and getting inside yards of it, Mitchell wrote. Paul Von Bernewitz can be seen with dozens of others pushing these in entrance of them to interrupt by the road.

Yet of their interviews with the FBI on the time of their arrest, the brothers minimized their roles, in addition to the conduct of the rioters, Mitchell wrote. Paul Von Bernewitz referred to the group as “peaceful” and “nice,” and in contrast it to a mosh pit at a rock live performance.

The brothers claimed they had been pressured into the constructing by the group, and had been unable to show again, whereas the movies confirmed in any other case, the prosecutor mentioned.

Paul Von Bernewitz’s lawyer, Assistant Public Defender Andrew Grindrod, described his shopper as “a good guy who sometimes gets caught up in the moment” in a sentencing place paper filed final week. Grindrod argued {that a} time period of three days could be truthful.

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Paul Von Bernewitz will not be as political as his brother, Grindrod wrote, however agreed on the final second to go together with him to a political rally for President Donald Trump close to the Capitol that day. He later informed investigators he regretted his actions.

“He did not attend as a member of any organization or group,” Grindrod wrote. “Paul barely has Facebook and struggles to use his cell phone correctly… He was not a radical activist on a mission to interfere with government operations. He was a big brother tagging along to be a good sport.”

Eric Von Bernewitz’s lawyer, Austin Manghan, requested the decide in his court docket filings to think about his shopper’s bodily incapacity and the influence the fees have had on his profession. Manghan wrote that he believed a tremendous could be a enough punishment.

Eric Von Bernewitz was hit by a automobile when he was within the eighth grade and his proper arm is paralyzed in consequence. He isn’t allowed on navy bases due to his involvement within the riot, which has severely broken his enterprise, and his efforts to journey along with his son to wrestling matches even have been hindered by the fees.

Mitchell wrote that Eric Von Bernewitz shared varied conspiracy messages with others within the days main as much as the riot and afterward, saying “[e]verything is playing out exactly how Q has told us it would play out.” “Q” apparently refers to QAnon, a political motion targeted on false claims made by an nameless individual or individuals often called Q.

Eric Von Bernewitz additionally shared beliefs about mass assassinations, secret indictments, and mentioned “Biden, Pence and others” had been already secretly arrested, Mitchell wrote. His messages additionally claimed that JFK Jr. was alive and could be the subsequent president.

Jane Harper, jane.harper@pilotonline.com

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