In the ongoing saga of the January 6 Capitol riot legal repercussions, the case of Leading Petty Officer David Elizalde presents a complex intersection of military service and accountability. Elizalde, who served for 17 years in the Navy as an aviation structural mechanic, now seeks a sentence that avoids probation to preserve his naval career. Convicted of a misdemeanor for his role in the Capitol insurrection, he faces a sentencing decision that could end his tenure with the Navy.
Elizalde’s attorney, Stephen Brennwald, argued that probation, a common sentence for misdemeanors, could be “fatal to Mr. Elizalde’s continued service in the Navy,” citing information from a Navy officer that sailors on probation cannot remain in the military. Instead, Brennwald has advocated for a two-week home detention, community service, and restitution, a proposal that would enable Elizalde to continue his naval work.
The Justice Department has taken a different stance, recommending three years of probation and 60 hours of community service for Elizalde, alongside a penalty of 30 days of intermittent confinement. U.S. Attorney Michael Graves highlighted Elizalde’s lack of expressed remorse and underscored the irony of a serviceman breaching a government building, stating, “His voluntary decision to storm a guarded government building is disturbing in light of his current oath to protect and defend the country and our constitution from enemies, foreign and domestic, and bear true allegiance to the same.”
Elizalde’s case contrasts with that of another service member, Matthew DaSilva, an interpreter for the Navy who received a prison sentence of just over two years for his involvement in the January 6 riot. DaSilva, who also pleaded for leniency citing his military record, was found guilty of felony assault and civil disorder, among other charges.
The sentencing decisions for January 6 defendants like Elizalde and DaSilva are being closely watched as they set precedents for how veterans and active-duty military personnel are treated when convicted of offenses related to the insurrection. Elizalde had previously remarked about January 6, “I know when all this is past and gone, ten years from now, twenty years from now, I know people are going to be talking about it… It was just historical.”
Relevant articles:
– January 6 convict asks for light sentence in order to remain in Navy, Navy Times, 04/25/2024
– Navy interpreter sentenced to prison for Jan. 6 assault, Law & Crime, Thu, 25 Apr 2024 19:37:00 GMT
– Lee County man sentenced to 6 years in prison for attacking police with pole at Capitol, CBS17.com, Tue, 23 Apr 2024 21:26:16 GMT
– 9th Louisiana Man Caught on Video in January 6 Capitol Riot, 107 JAMZ, Thu, 25 Apr 2024 20:01:39 GMT
– NC man who struck officer with pole on Jan. 6 sentenced to prison, Yahoo News, Wed, 24 Apr 2024 20:58:59 GMT