In this image, we see David Nicholas Dempsey in three different instances during the January 6, 2021 riot at the U.S. Capitol. In the first photo, he is giving an interview in front of gallows that were erected during the riot. In the second photo, Dempsey can be seen climbing over fellow rioters at the entryway to the Capitol’s lower west terrace tunnel before using a long pole to attack police. Finally, in the third photo, Dempsey is seen clinging to the tunnel frame and using his feet to stomp on a police officer’s head. These actions have resulted in Dempsey facing charges by the Department of Justice.
In a recent sentencing memorandum, federal prosecutors have urged a judge for a lengthy 21-year prison sentence for David Nicholas Dempsey, who they claim is one of the most violent rioters in the Jan. 6 U.S. Capitol attack. The memorandum highlights Dempsey’s use of his fellow rioters as “human scaffolding” to claw his way through the mob and reach the mouth of a crowded tunnel, where he unleashed his aggression using a variety of weapons including flagpoles, crutches, pepper spray, and even broken furniture. Prosecutors have described Dempsey’s actions as extremely violent and dangerous.
According to prosecutors, Dempsey’s violent behavior escalated to the point where he even assaulted another rioter who was attempting to disarm him. This information was detailed in a 46-page sentencing memorandum submitted to federal court in Washington, D.C. on August 2nd.
In August 2021, authorities arrested Dempsey in California following the unveiling of his indictment in September 2021. The charges against him include several felonies, such as obstruction of an official proceeding, assaulting or resisting officers using a dangerous weapon, and obstruction of law enforcement during civil disorder. Additionally, he faces charges of disorderly and disruptive conduct, engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon, and misdemeanor disorderly conduct in a Capitol building or grounds, as well as an act of physical violence in the Capitol grounds or building.
In January, he reached a plea agreement with the prosecutors and admitted guilt for two charges of assault with a dangerous weapon.
According to the court documents, Dempsey unleashed a deluge of pepper spray on the police on Jan. 6, including an officer whose face mask had just been tampered with by another rioter. He then viciously assaulted another officer with a metal crutch, shattering the officer’s protective shield and gas mask, causing him to “collapse in a daze with ringing ears.”
Dempsey’s punch not only caused a concussion but also cut the officer’s head.
In the image provided by the Justice Department, David Dempsey is seen spraying two bursts of pepper spray at a line of officers on the lower west terrace of the U.S. Capitol on Jan. 6, 2021. The red arrow points to his location in the photo.
On January 5th, he arrived in Washington, D.C. and then traveled from California to Michigan. From there, he met with two individuals in Detroit, who then drove the rest of the way to the Capitol. While his two driving companions were not charged, prosecutors revealed that one of them helped Dempsey temporarily remove an incriminating video from YouTube. However, it’s important to note that this individual did not participate in the assault of police or enter the Capitol building.
Wearing a BulletSafe tactical vest, helmet, and camouflage-style pants, along with a long sleeve shirt and sunglasses, he completed his outfit with an American flag gaiter around his neck, mouth, and nose.
Surprisingly, prosecutors informed the federal judge responsible for sentencing Dempsey that they discovered a video of him conducting an interview in front of a makeshift gallows made of wood on the Capitol grounds. The structure was adorned with a sign that read “This is Art” and was suspended from a noose.
Dempsey expressed his anger in a transcript of the interview, which was later shared with the court.
This isn’t just art. This is necessary [ …] No, we don’t need to waste the taxpayer dollars on these worthless cretins who are treasonous to our country. We need to decriminalize hemp and marijuana, turn all that s— into rope when we’re done with it, and then string all these f—–’ worthless bastards up from the top of those [pointing to the gallows], these treelines, the rafters, the rooftops, the statues. I don’t care where they go. String ‘em up and string ‘em up high. And let everybody know this is what happens when you are a treasonous piece of s— who doesn’t belong in this f—–’ country and has this f—–’ country’s worst objective at heart. So, I’m 100% with it. I say we should have been doing this a long f—–’ time ago. Them worthless f—–’ s—holes like f—–’ Jerry Nadler, f—–‘ Pelosi, uh Clapper, Comey, f—–’ all those pieces of garbage, you know, Obama, all these dudes, Clinton, f— all these pieces of s—. That’s what they need [pointing to gallows]. They don’t need a jail cell. They need to hang from these motherf—— while everybody videotapes it and f—–’’ spreads it on YouTube, Bitchute, or whatever f—–‘ other social media there is. And they need it to get the point across, the time for peace talk is over. All that s— about being complacent, f— all that s—. For four years, five years really, they’ve been f—–‘ demonizing us, belittling us, hurting us, killing us, f—–‘ doing everything they can to stop what this is [referring to the rally for former President Trump] and people are sick of that s—. You know, and uh, hopefully one day soon, we really have someone hanging from one of these motherf—— [pointing to the gallows] just like they do in them other countries.
According to the sentencing memo, Dempsey became part of a large crowd that had gathered at the tunnel around 4 p.m. He then proceeded to climb on top of the shoulders, arms, and backs of other rioters to make his way to the front of the line.
According to prosecutors, the suspect allegedly used a long pole to prod officers after stomping on their heads and shields for several minutes.
According to prosecutors, as another participant attempted to grab the lengthy pole from Dempsey, he proceeded to stomp on this individual as well.
As he entered the tunnel, he began releasing quick blasts of pepper spray while also throwing a bottle that contained an unidentified milky liquid towards the police. The bottle hit a closed circuit security camera, causing the liquid to splash on it.
On August 2nd, prosecutors stated that the events in the tunnel were obscured which hindered the government’s investigation of the same.
After briefly stepping back to rinse the pepper spray from his eyes and face, he returned to the scene with a renewed sense of determination, sporting a fresh gaiter. With a fierce determination in his eyes, he proceeded to hurl shards of broken furniture into the tunnel.
In light of these actions and Dempsey’s criminal history, prosecutors pressed for a severe sentence.
Back in 2009, he was sentenced to 16 months after pleading no contest to second-degree burglary in Los Angeles. Following that, in 2012, he pleaded no contest to conspiracy and grand theft in Burbank, and then again in 2014 to burglary charges. Recently, in 2017, he pleaded no contest once more after breaking into a Van Nuys cellphone store, stealing property, and then making a run for it. When the police finally caught up with Dempsey, he pretended to cooperate before speeding away in his car at over 100 mph.
It was pointed out by prosecutors that Dempsey has a track record of around 12 cases, both adult and juvenile, which include accusations of assault with a deadly weapon, burglary, and vandalism.
According to federal prosecutors, Dempsey might face a sentence of 210 to 262 months. They also mentioned that several of Dempsey’s prior convictions were annulled due to a modification in the California penal code, which reinstates the privileges of convicted felons. On Friday, prosecutors revealed that a revised downward sentence was suggested by the U.S. Probation Office.
The government expressed its uncertainty regarding the relief sought and granted by Dempsey on the petitions in California. They stated that without reviewing Dempsey’s filings on the matter, it would be difficult to understand the exact nature of the relief sought, especially considering that Dempsey was charged with the commission of offenses in this case on August 25, 2021.
According to the writers, Dempsey seems to have hurriedly gone to a California state court to try and erase his terrible criminal past. It appears that he is doing this because he is anticipating the repercussions of his actions on January 6th.
It is expected that Dempsey will submit his proposed sentencing memorandum soon, although it has not been filed yet. To allow for ample time, Dempsey requested an extension until Monday, which was granted by U.S. District Judge Royce Lamberth, who was appointed by former President Ronald Reagan.
