January 6 protester who swore at police, broke window sentenced to 11 months

Background: Justin LaGesse walking away from a U.S. Capitol window that he attacked with a flagpole (Department of Justice/United States Attorney’s Office – Washington, D.C.). Insets: Justin LaGesse at the U.S. Capitol on Jan. 6 (DOJ).

A Jan. 6 rioter from Illinois who cursed out cops and used a flagpole to smash up a window — shouting “f—ing traitors” and “f—ing communist scum” while storming in and out of the U.S. Capitol building — is heading to prison and paying for the damages.

Justin LaGesse, 37, of McLeansboro, was sentenced Friday to 11 months in prison and ordered to pay $43,315 in restitution by U.S. District Judge James E. Boasberg, according to the Department of Justice. He also got hit with 12 months of supervised release.

LaGesse, who pleaded guilty to a felony charge of destruction of government property last September, was accused of storming the Capitol with another defendant, Theodore Middendorf, who also pleaded guilty to destruction of government property and is awaiting sentencing. The pair allegedly smashed up a window near the “North Door” of the Capitol after attempting to get inside, according to court documents.

“While police officers attempted to stop these rioters, Middendorf and LaGesse approached a large window to the left of the North Door,” their criminal complaint says. “The two then used their flagpoles to strike the window numerous times and damaged the window in several places.”

The pair allegedly went in and out of the Capitol, harassing cops along the way, according to DOJ prosecutors. They spent some time in the “Senate Wing Door” lobby area after entering through a broken window, per the complaint, and were caught on surveillance video carrying flags and waving them while chanting “U.S.A.” repeatedly.

“After leaving the U.S. Capitol, LaGesse and Middendorf approached a line of Metropolitan Police Department officers standing behind a bicycle rack barricade,” the complaint says. “As they get near the officers, LaGesse called the officers ‘f—ing traitors” and ‘f—ing communist scum.’ For several minutes, LaGesse continues to lob insults at the officers while Middendorf stands nearby.”

DOJ prosecutors say that after the riot, the Architect of the Capitol determined that the total cost of the damage to the window was $41,315.25. LaGesse was arrested by the FBI in January 2024.

“In the 48 months since Jan. 6, 2021, more than 1,583 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 600 individuals charged with assaulting or impeding law enforcement,” DOJ officials said Saturday in a press release.

President-elect Trump has said repeatedly he plans to pardon Jan. 6 rioters once in office, but he’s kept details under wraps.

Vice President-elect JD Vance on Sunday provided the clearest explanation yet of the plans to pardon defendants such as LaGesse, telling “Fox News Sunday” that while there’s “a little bit of a gray area there,” those who committed violence during the 2021 U.S. Capitol attack “obviously” shouldn’t be pardoned. Those who protested “peacefully,” however, can expect to have their records wiped clean.

“I think it’s very simple,” the former Ohio senator said. “If you protested peacefully on Jan. 6 and you’ve had Merrick Garland’s Department of Justice treat you like a gang member, you should be pardoned. If you committed violence on that day, obviously you shouldn’t be pardoned.”