An actor known for his roles in the television comedies Bob’s Burgers and Arrested Development was sentenced on Monday to one year in prison for his part in a mob’s attack on the US Capitol nearly four years ago.
Jay Johnston, 56, of Los Angeles, joined other rioters in a heave-ho push against police officers guarding a tunnel entrance to the Capitol during the 6 January 2021 riot. Johnston also cracked jokes and interacted with other rioters as he used a cellphone to record the violence around him, prosecutors said.
Johnston expressed regret that he “made it more difficult for the police to do their job” on January 6. He said he never would have guessed that a riot would erupt that day.
The judge, who sentenced Johnston to one year and one day of imprisonment, allowed him to remain free after the hearing and report to prison at a date to be determined. Nichols said he recognizes that Johnston will miss out on caring for his 13-year-old autistic daughter while he is behind bars.
“But his conduct on January 6 was quite problematic. Reprehensible, really,” the judge said.
Johnston pleaded guilty in July to interfering with police officers during a civil disorder, a felony punishable by a maximum prison sentence of five years.
Prosecutors recommended an 18-month prison sentence for Johnston. Their sentencing memo includes a photograph of a smiling Johnston dressed as Jacob Chansley, the spear-carrying Capitol rioter known as the “QAnon Shaman,” at a Halloween party roughly two years after the siege.
“He thinks his participation in one of the most serious crimes against our democracy is a joke,” prosecutors wrote.
Johnston played pizzeria owner Jimmy Pesto Sr in Bob’s Burgers, a police officer in Arrested Development and a street-brawling newsman in the movie Anchorman: The Legend of Ron Burgundy. Johnston also appeared on Mr Show with Bob and David, an HBO sketch comedy series that starred Bob Odenkirk and David Cross.
Johnston, a Chicago native, moved to Los Angeles in 1993 to pursue an acting career. After the riot, Johnston was fired by the creator of Bob’s Burgers, lost a role in a movie based on the show and has “essentially been blacklisted” in Hollywood, said defense attorney Stanley Woodward.
More than 1,500 people have been charged with Capitol riot-related federal crimes. Over 1,000 rioters have been convicted and sentenced. Roughly 650 of them received prison time ranging from a few days to 22 years.
