The discussion below provides the reasoning behind the sentence Ray Epps received.
According to the sentencing memorandum, Gordon asserted that Epps "has been the target of a false and widespread conspiracy theory that he was an undercover government agent on January 6."
Other mitigating factors included Epps calling the FBI on Jan. 8, 2021 to explain his actions two days prior. Further, Gordon listed his cooperation with both the FBI and what the DOJ describes as his efforts to de-escalate tensions between protesters and the police.
"Epps only acted in furtherance of his own misguided belief in the 'lie' that the 2020 presidential election had been 'stolen,'" reads the memorandum. "However, due to the outrage directed at Epps as a result of that false conspiracy theory, he has been forced to sell his business, move to a different state, and live reclusively."
In his sentencing memo, Mr. Ungvarsky said Mr. Epps’ intention all along was for peaceful protests at the Capitol on Jan. 6.
“Ray Epps understands the serious mistake he made when he joined others to attend the Stop the Steal Rally on January 6, 2021, and to encourage others to walk to the U.S. Capitol to continue to protest,” Mr. Ungvarsky wrote.
“At all times, Mr. Epps’ intent was that the protest would be peaceful and would be done peacefully,” Mr. Ungvarsky said. “Those were his words on January 5, and that was his intent on January 6.”