During his sentencing on Tuesday, Brian Scott Jackson of Texas was sentenced to approximately three years in prison for assaulting police officers on January 6, 2021. Despite evidence presented during the trial, including text messages where Jackson used racially charged language to describe police officers in Washington D.C. and his white supremacist tattoos, Jackson’s attorneys had urged the federal judge in a July sentencing memorandum to overlook these details.
Instead, the defense appealed to the judge to take into account Jackson’s financial situation and emphasized that he could not afford to have the tattoos removed. They also pointed out that this was especially distressing for him, given that his closest companion is of African American descent.
Jackson’s lawyers also submitted a picture of him attending the wedding of his Black friend.
During Jackson’s sentencing hearing, his defense attorneys reiterated the same argument that was previously written and presented in court. The 48-year-old man appeared before U.S. District Judge Rudolph Contreras on Tuesday.
In September, Adam Lejay Jackson, the brother of Jackson, pleaded guilty to assaulting police on Jan. 6. As a result, he was sentenced to 36 months of probation, which he will serve over 52 consecutive weekends.
During a recent hearing, former U.S. Capitol Police Officer Harry Dunn, who was present as a spectator and not involved in the Jan. 6 assault by the Jackson brothers, shared with Law&Crime that Judge Contreras didn’t seem impressed by Jackson’s use of the “I have a Black friend” defense. Dunn added that this was a mild rephrasing of the judge’s own words.
According to Jackson, his tattoos have a significant backstory. He claims that during his time in a Texas prison, where gangs were rampant and vying for control, he had to choose a side to survive. Consequently, the tattoos on his body are a reminder of that experience.
During Tuesday’s hearing, there were other points of friction besides the tattoos.
Dunn expressed his surprise at the lawyer’s defense of the defendant, particularly the attempt to downplay the severity of throwing a sharp flagpole. The lawyer’s approach almost seemed to shift the blame onto the officer, which caught Dunn off guard.
During the trial, Officer Dunn shared an incident where the prosecutor presented an exhibit showing an officer being attacked on January 6th while not wearing riot gear. Jackson’s defense attorney then asked the court a question regarding this exhibit.
Dunn remembered the lawyer asking, “If that individual wasn’t wearing riot gear, then why were they present during the riot?”
Contreras was prompted to speak up when he heard the defense’s argument, stating that it seemed like they were leaning towards victim blaming.
Reflecting on the moment, Dunn expressed, “It was truly unbelievable.”
During Jackson’s sentencing hearing, only a few people were present, including Dunn and about twelve of Jackson’s acquaintances, friends, and family members, according to the former police officer. He also mentioned that Michelle “Micki” Witthoeft, who was arrested for assaulting a protester in May and is the mother of Jan. 6 rioter Ashli Babbitt, was in attendance.
According to Dunn, he attended the event as he strongly feels that it is crucial to acknowledge and take note of all instances where individuals are being held responsible for their actions related to the events that took place on January 6th.
Law&Crime attempted to reach out to Jackson’s lawyers for comment, but they have not responded at this time.
Jackson was sentenced by Contreras to a prison term of 37 months, along with three years of supervised release, despite the prosecutors’ request for 52 months.
According to Law&Crime, the U.S. Attorney’s Office has stated that Jackson is required to complete 60 hours of community service within the first year of his release. Additionally, he has been ordered to pay $2,000 in restitution.
On January 6th, when the Jackson brothers and others arrived, the officers were tightly packed inside the tunnel, resembling sardines.
The mob relentlessly attacked those defending the Capitol, and Brian Jackson’s wielding of a flagpole was just one of many items used against them.
In his sentencing memorandum, Brian Jackson attributed his actions at the Capitol to being under the influence of alcohol. Furthermore, he described the flagpole he used to assault police as made of “flimsy” and “light” wood.
In July, Jackson’s attorneys stated that he had panicked upon seeing his brother run towards the police in the tunnel, leading him to rush to his aid. Furthermore, he expressed his desire to grab the attention of the authorities without inflicting any harm. Despite this, Jackson’s attorneys emphasized that he was genuinely remorseful for his actions.
During Tuesday’s court hearing, prosecutors reiterated in their sentencing memorandum that Brian Jackson had willingly and eagerly participated in the chaos. They emphasized to the judge that Jackson had been fully prepared to engage in the activities that led to his arrest.
The Jackson brothers and a friend made their way from Texas to Washington, D.C. to attend the “Stop the Steal” rally. Upon returning to their hotel room, they witnessed the rioting unfold on television and decided to join in on the action by heading towards the Capitol, according to prosecutors.
The men were seen by prosecutors to have been present on Capitol grounds, where they observed the violence and expressed their desire for rioters wearing tactical gear to enter the Capitol so that they could follow suit.
As captured in a video recording on Jan. 6 near the west plaza of the Capitol, Jackson’s brother asked a group of rioters who were dressed in tactical military gear if they were planning to enter the building.
According to prosecutors, Adam Jackson was overheard saying, “Hey, you know what? If one goes, we all go. We’re waiting on y’all. What are we doing standing here?”
In the tunnel footage, he can be seen shouting and mocking the police while frequently making an “OK” hand gesture, which prosecutors pointed out is a symbol frequently linked to the white supremacy movement.
During the trial, prosecutors presented evidence of text messages sent by Brian Jackson, which were shown to the judge before sentencing. One of the messages, sent on January 7th, 2021, revealed that Jackson had chased some individuals off the street and referred to them using a derogatory term. He also stated that he would not return to Washington, D.C., citing the race of the police officers as a reason.
In addition to that, Jackson labeled the police officers who were protecting the Capitol as “traitors.”
As previously reported by Law&Crime, Adam Jackson’s attorney once drew a comparison between the events of Jan. 6 and the protests of the Black Lives Matter movement.