Richard Barnett, 61, faces a rally of charges for his part in the January 6, 2021 insurrection, including entering a restricted building with a dangerous weapon.
He is also charged with theft of government property, disorderly conduct and obstruction of an official proceeding.
An attorney for Barnett told a pretrial hearing that his defendant would not be accepting a plea deal with sentencing guidelines of 70 to 87 months, the Arkansas Democrat-Gazette reported.
Barnett has pleaded not guilty to the lengthy list of charges.
Prosecutor Mary L. Dohrmann said that under the rejected agreement, Barnett would have pleaded guilty to obstruction of an official proceeding, while six other charges would have been dismissed.
More than 730 people have been charged with federal crimes stemming from the riot. More than 210 of them have pleaded guilty, mostly to misdemeanors with a maximum sentence of six months imprisonment.
In February, the Seattle man who punched two cops during the Capitol riot was handed a six-month prison term, becoming the 100th person to be sentenced in one of the largest federal investigations in American history.
Mark Leffingwell, a 52-year-old military veteran who was wounded in Iraq, was sentenced after pleading guilty to a Capitol riot-related charge stemming from one of the largest federal investigations in American history.
Earlier this month, a leader of the far-right Proud Boys chapter in North Carolina pleaded guilty to charges related to the January 6 attack, a victory for prosecutors that could bolster their cases against members of the group.
Charles Donohoe, 34, the leader of the group’s North Carolina chapter at the time of the attack, entered the guilty plea during a court hearing in the District of Columbia.
Donohoe admitted to conspiracy to obstruct an official proceeding, and assaulting and impeding police officers.
Barnett (pictured in the Speaker’s chair, the Capitol) became a minor celebrity after Jan 6.
The ex-window salesman and firefighter allegedly carried a stun gun (pictured on his waist), though his lawyers claim it is a ‘collapsible walking stick’. The 61-year-old faces trial on Sept. 6
Barnett, 61, turned himself in on January 8, 2021
Barnett, a former firefighter and window salesman from Gravette, Arkansas, became one of the Capitol riot’s most famous faces after entering the House Speaker’s office and planting a boot on her desk.
Prosecutors claim he was carrying a stun gun.
Barnett also left Pelosi a foul-mouthed handwritten note and pinched a personalized envelope from the House Speaker’s office.
But he didn’t steal it, he said on January 6: ‘I left a quarter on her desk.’
The note read: ‘Hey Nancy, Bigo was here b****h.’
Joseph McBride, Barnett’s attorney, called the plea offer unreasonable, the newspaper reported.
‘We’re talking about a 61-year-old man with no criminal history, who’s never been charged with any violent act,’ McBride said.
Barnett (pictured with an unidentified Capitol rioter) pinched a headed envelope from the desk
‘He certainly wasn’t violent that day by any stretch of the imagination.’
Barnett will now proceed to trial, which is set to begin September 6.
His lawyers have previously argued Barnett wrote ‘biatch’ not ‘b****h’ and deserves less severe punishment.
They included a link to a definition for the term from FreeDictionary.com in their motion filed last April.
The lawyers wrote: ‘The website defines ‘biatch’ as ‘rude slang, a variant of b**** used as a term of endearment or disparagement from another person.’
Attorneys for Barnett (left) say he wrote ‘biatch’ not ‘b****h’ in a note left on Pelosi’s desk (right)
‘As such,’ the motion continues, ‘Richard now asks this court to look past and ultimately disregard the government’s distorted representations, which do not rise to the level of showing ‘dangerousness’ and grant Richard pretrial release as required by law.’
Barnett was freed one day later. His lawyers compared him to Black Lives Matter protestors, claiming Barnett was a symbol of ‘Change through us’.
They argue the alleged stun gun is simply the 61-year-old’s ‘collapsible walking stick.’
Barnett is no longer permitted to possess firearms or any other weapons. His passport has been revoked and he is barred from applying for a new one.
He is also not permitted to associate with anyone who attended the Capitol riot.
Meanwhile, a government contractor from New Mexico who described the January 6 Capitol riot as ‘magical’ recently became the first defendant to be acquitted of all charges he faced.
Matthew Martin, who testified in his defense, was found not guilty by a federal judge earlier this month of four misdemeanor charges that he illegally entered the U.S. Capitol and engaged in disorderly conduct after he walked into the building during last year’s riot.
Martin, who was working for a private defense contractor at the National Laboratory in Los Alamos and had top-secret clearance at the time of the attack, successfully argued that a Capitol police officer waved him into the building after the riot erupted. He was fired after being charged.