MIDLAND, Texas — Midlander Eliel Rosa is scheduled to be sentenced for his participation in the January 6 U.S. Capitol Riot during a hearing on October 12.
Rosa plead guilty to parading, demonstrating, or picketing in a capitol building with the US government agreeing to drop the other charges.
Recommendations for Rosa's sentencing were submitted on October 4.
Based on the circumstances around the Capitol riot and Rosa's behavior following the event, the government has recommended one month of house arrest, three years of probation, 60 hours of community service and $500 in restitution.
According to court documents, this decision was evaluated based on Rosa's behavior during the riot, his social media posts prior to, during and after the Capitol breach and the fact that he turned himself into the FBI unlike most defendants in cases related to this incident.
"While each defendant should be sentenced based on their individual conduct, as we now discuss, this Court should note that each individual person who entered the Capitol on January 6 did so under the most extreme of circumstances," the court document reads.
The document also pointed out that while police officers were not directly blocking his entrance into the building, Rosa would have seen broken glass and other signs of violent entry and heard an alarm going off.
However, it was also noted that Rosa did not appear to engage in any destruction of property or evidence based on CCTV footage, and that he expressed full remorse for his actions after turning himself in.
Another point the government emphasized was the need to convey to any potential future rioters and mob participants, especially anyone attempting to improperly influence the democratic process, that their actions will have consequences.
A second document from the defense detailed Rosa's desire to become a citizen of the United States and the effort he and his family have put into making that dream a reality.
Rosa's sentencing will be held in Washington, D.C., at 9 a.m. CST. His codefendent, Jenny Cudd, has a trial scheduled for February 7, with a status hearing update set for October 13.