WASHINGTON — An actor prominently featured in the comedies “Bob’s Burgers” and “Arrested Development” received a sentence of one year in prison on Monday for his involvement in the violent disturbance at the U.S. Capitol nearly four years earlier.
Jay Johnston, 56, hailing from Los Angeles, participated in a forceful push against the police who were defending a tunnel entrance during the tumultuous events of January 6, 2021. Prosecutors indicated that Johnston also engaged in lighthearted banter and filmed the chaos that unfolded around him using his cellphone.
During the sentencing, Johnston conveyed remorse for making the situation more challenging for law enforcement on that day. He expressed surprise that a riot would occur, attributing his naivety to a lack of political awareness. “I think it was due to my own ignorance,” he remarked to U.S. District Judge Carl Nichols, suggesting that greater political awareness might have helped him anticipate the events that transpired.
Judge Nichols handed down a sentence of one year and one day, permitting Johnston to remain free until a designated reporting date for prison. The judge acknowledged the difficult impact Johnston’s imprisonment would have on his 13-year-old daughter, who has autism, but emphasized that Johnston’s actions during the Capitol riot were deeply concerning and morally unacceptable.
In July, Johnston pleaded guilty to charges of interfering with law enforcement during a civil disorder, a serious offense that could carry a maximum sentence of five years. Prosecutors had suggested an 18-month sentence, citing a photograph of him dressed humorously as Jacob Chansley, known as the “QAnon Shaman,” from a Halloween costume party held about two years post-riot.
Prosecutors criticized Johnston for treating his involvement in a significant threat to democracy as a trivial matter. In addition to his role in “Bob’s Burgers” as pizzeria owner Jimmy Pesto Sr., he played a police officer in “Arrested Development” and featured in the acclaimed film “Anchorman: The Legend of Ron Burgundy.” His career also included appearances in the HBO sketch comedy “Mr. Show with Bob and David.”
Following the Capitol attack, reports indicated that Johnston faced exclusion from working further on “Bob’s Burgers.” His defense attorney, Stanley Woodward, highlighted that Johnston has faced significant challenges in Hollywood, suggesting he has become “essentially blacklisted” since the incident, leading him to work as a handyman rather than in his chosen field.
Johnston had attended the “Stop the Steal” rally led by then-President Donald Trump on January 6 before making his way to the Capitol. He used a metal bike rack to help him scale a wall to the West Plaza of the Capitol, where he engaged with fellow rioters before confronting police officers guarding an entry.
Prosecutors revealed that Johnston had encouraged other rioters to join him in an aggressive attempt against the police and even assisted in treating individuals harmed by chemical irritants during the melee. He reportedly used a stolen police shield to push forward and participated in a collective effort against law enforcement—resulting in one officer being injured in the process. Johnston made a video recording, lightheartedly joking as rioters attempted to move an orange ladder toward the police, stating, “We’re going to get those light bulbs fixed!”
The day following the insurrection, Johnston admitted in a text message to being part of the events at the Capitol, though he downplayed the severity, referring to it merely as a “mess.” His cellphone was seized by FBI agents during a search of his residence in California in June 2021.
In total, over 1,500 individuals face federal charges related to the Capitol riot, with more than 1,000 having been convicted and sentenced. Approximately 650 of these individuals have received prison sentences ranging from a few days to as long as 22 years.