Retired NYPD Officer's Self-Defense Claim Challenged in Capitol Riot Trial

Strategic Insights -

Federal prosecutors urged jurors to reject a retired New York City police officer's argument that he was acting in self-defense when he swung a flagpole at police officers and tackled one of them during the U.S. Capitol riot. Thomas Webster, a 20-year NYPD veteran, is the first Capitol riot defendant to be tried on an assault charge and the first to present a jury with a self-defense argument.

During the trial's closing arguments, Assistant U.S. Attorney Brian Kelly urged jurors to use their common sense and trust what they saw on several videos that captured the confrontation. Kelly said the videos show Webster swing his metal flagpole like a club, "bull rush" Metropolitan Police Department officer Noah Rathbun and then grab the officer's gas mask with both hands.

Key Takeaways:

  • Thomas Webster, a 20-year NYPD veteran, is the first Capitol riot defendant to be tried on an assault charge and the first to present a jury with a self-defense argument.
  • Webster testified that he was trying to protect himself from a "rogue cop" who punched him in the face, and accused Rathbun of instigating the confrontation.
  • Rathbun testified that he didn't punch or pick a fight with Webster as a mob attacked the Capitol on January 6, 2021, disrupting Congress from certifying President Joe Biden's electoral victory.
  • Webster's jury trial is the fourth for a Capitol riot case, and the first three defendants to get a jury trial were convicted of all charges in their respective indictments.
  • Webster faces six counts, including a charge that he assaulted Rathbun with a dangerous weapon, a metal flagpole, and was not accused of entering the Capitol on January 6.
  • Webster's defense attorney, James Monroe, said Webster had a right to defend himself against a "bad cop" who was using excessive force.
  • Webster served in the U.S. Marine Corps from 1985 to 1989 before joining the NYPD in 1991, and retired from the NYPD in 2011 after 20 years of service.

Statistics:

  • More than 780 people have been charged with riot-related federal crimes.
  • Over 245 of them have been charged with assaulting or impeding law enforcement.
  • Webster is the first Capitol riot defendant to be tried on an assault charge.
  • The first three defendants to get a jury trial were convicted of all charges in their respective indictments.
  • Webster faces six counts, including a charge that he assaulted Rathbun with a dangerous weapon, a metal flagpole.

Sources:

  • AP news wire
  • Federal prosecutors
  • Trial testimony
  • Noah Rathbun's body camera video
  • U.S. Department of Justice