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A Champion man on Wednesday pleaded guilty to one misdemeanor charge linked to his role in the Jan. 6, 2021, breach of the U.S. Capitol Building.
Stephen Ayres, 39, appeared on video before U.S. Judge John D. Bates in District of Columbia District Court to accept the terms and condition of a plea agreement his lawyer reached with prosecutors last month.
Ayres agreed to plead guilty to count three of his indictment, a misdemeanor convicting him of disorderly and disruptive conduct in a restrictive building or grounds.
The sentence, because Ayres did not carry a weapon or engage in violent behavior, carries a maximum sentence of one year in prison, a fine of not more than $100,000 and a term of supervised release of not more than one year, according to court documents.
The documents, however, noted that Ayres has no prior criminal convictions and his sentencing guideline range is between no time served to six months, with an estimated applicable fine of between $2,000 and $20,000. Ayres' attorney has the right to ask the court to waive any fine.
Ayres signed off on the plea deal on May 25, while his attorney, federal public defender Eugene Ohn, signed it on May 31.
Bates ordered Ayres to undergo a background investigation conducted by probation officers prior to his sentencing hearing, which is set for 10:30 a.m. Sept. 13, 2022.
The agreement also allows law enforcement agents to review any social media accounts operated by Ayres for statements and postings in and around Jan. 6, 2021.
Three other counts against Ayres -- a felony count of obstruction of an official proceeding, and misdemeanor counts of unlawful entry into a restricted building or grounds and disorderly conduct in the Capitol building -- were dismissed.
Ayres, of Carolewood Circle NW, remains free on a personal bond.
An email to Ayres' attorney, Ohm, was not answered Wednesday afternoon.
CO-DEFENDANT DIES
A co-defendant in the case -- a Sharpsville, Pa., man who would have been sentenced April 1, died about a month before that hearing.
Matthew L. Perna, 37, died Feb. 25 of "a broken heart," according to his obituary that appears on the website of John Flynn Funeral Home and Crematory Inc. of Hermitage, Pa. In December, Perna pleaded guilty before Bates to the four charges that Ayres had faced.
The federal affidavit states multiple tips showed Ayres and Perna were "of the many who had unlawfully entered the Capitol on that day, and ... had posted a video on Jan. 7 talking about it on social media."
A court document stated Ayres drove from Ohio to Washington, D.C., to protest Congress' certification of the electoral vote, with documents noting the defendant made posts on Jan. 2 and Jan. 3 on his Facebook account relating to the purpose of this trip.
On Jan. 6, 2021, the Capitol was closed to the public as a joint session of Congress ratified the Electorial College vote for the 2020 presidential election. As debate continued in Congress about 2 p.m., parts of the crowd outside force their way through, up and over Capitol barricades, forced their way inside by breaking windows and assaulting law enforcement officers.
The plea document stated Ayres was with a crowd that had gathered about 2:30 p.m. outside the Senate Wing Doors of the Capitol. Documents stated Ayres entered about 2:51 p.m. through the senate wing and remained inside for about 10 minutes, joining others in chanting and parading inside.
The electoral vote count had to be suspended because of the breach and was not resumed until every unauthorized person had been removed from the Capitol. The riot resulted in substantial damage to the Capitol, documents state, requiring the expenditure of more than $1.4 million for repairs.