WASHINGTON — A New York DJ who assaulted police inside the U.S. Capitol Building on Jan. 6 faces years in prison after pleading guilty Friday to all 10 counts against him.
Greg Rubenacker appeared before Chief Judge Beryl Howell to enter his plea. Rubenacker told Howell he wanted to plead guilty to three felony charges and seven misdemeanors even though he didn’t have an agreement in place with the government. The charges against him include assaulting officers and obstruction of an official proceeding, which carries a maximum sentence of 20 years in prison.
In charging documents, prosecutors said Rubenacker joined the mob that entered the Capitol on Jan. 6 and made his way to the Rotunda, where he recorded himself saying, “Smoke out the Capitol, baby!” while smoking a joint. He later assaulted police with a water bottle and yelled that they were “communists.”
Rubenacker’s attorney, Michaelangelo Matera, told Howell they rejected a plea offer from the government on two counts – obstruction and assaulting police – because they believed the Justice Department had improperly applied an enhancement to one of the charges that would add eight points to his client’s offense level. If Howell ultimately agrees at sentencing, that could lower his recommended sentencing range from 41-51 months to 24-30 months.
Rubenacker was scheduled to appear before Howell again on May 13 for sentencing. He was allowed to remain on release until then.
Rubenacker is at least the second Capitol riot defendant to plead guilty to all of the charges against him without a deal in place. In October, Virginia rapper Antionne "Bugzie the Don" Brodnax pleaded guilty to four charges against him. Earlier this week, the DOJ filed a memo asking a federal judge to sentence him to 21 months in prison — due in large part to his significant criminal history.
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