BRUNSWICK, Ohio — President-elect Donald Trump has previously said that on day one, he plans to pardon those charged tied to the attack on the U.S. Capitol on January 6, 2021.
Justin Smith, a Brunswick native, doesn't care if his name is on the list.
"My charge is a misdemeanor, so a pardon isn’t going to do me really good," he said.
Smith pleaded guilty to that misdemeanor in 2023 and was sentenced to 3 years probation.
"I was home-schooled growing up, so I never had the opportunity to go down to D.C. on a school trip," he said. "So I wanted to go down and experience it myself as an adult for the first time."
Court records state that Smith only spent 10 minutes inside the Capitol walking around that day.
"I didn’t damage anything, I didn’t hurt anybody, I didn’t steal anything, I was just there," he said. "You can feel the stench in the air, there’s pepper spray everywhere. They’re throwing sound grenades. You can hear loud booms inside the building."
Smith ended up serving four months behind bars in 2024 after violating his probation.
"It doesn’t even matter [whether I receive] the pardon, I’d like to go and shake [President-elect Trump's] hand," Smith said. "I was down there fighting for his cause. I still, to this day, will fight for his cause."
But looking back, Smith said he regrets making the trip to Washington, D.C.
"A lot of mistakes," Smith said. "A lot of mistakes. I was young. I was dumb. I’m only 23 [years-old now]."
Smith, who was 19 at the time, hopped on a bus that left from Garfield Heights.
RELATED: 7 buses packed with Trump supporters depart Cleveland for Washington D.C.
"I was told not to go [by] numerous people," Smith recalled. "I really should not have gone."
Court records show 1,583 individuals have been federally charged with crimes tied to the attack on the U.S. Capitol, causing nearly $3 million worth of damage to the building that day.
"One thing that really did aggravate me was when I was inside, there was people giving speeches and I saw people were stabbing flag poles through the pictures in there," Smith said. "Those are hundreds of years old. You can’t replace them. Damaging history like that, that angered me."
Smith doesn’t plan on attending the inauguration later this month, instead focusing on what's next for him and his family.
As far as the idea of a blanket pardon for everyone charged from that day, Smith told News 5 he opposes the idea.
"For some people, I do believe [they should be pardoned,]" Smith said. "For some people, I do believe they did get excessive down there. There were people who went down there intending to harm. Those people, I believe, should be charged."
The Medina County native is one of nearly 20 people from Northeast Ohio who faced criminal charges tied to what happened on January 6.
Over the past four years, federal agents tapped into photos, videos, cell and phone location records to help identify criminals from that day.
Here's a look at how their cases played out:
Saul Llamas, Jordan Siemers and Ryan Swoope-Perry
In December 2022, federal agents arrested a couple from Perry, along with a friend who was staying at their house.
University Hospitals' employees Saul Llamas, Jordan Siemers and Ryan Swoope were among those identified as being present inside the U.S. Capitol that day.
RELATED: University Hospitals police officer among 3 Ohioans arrested in Jan. 6 case
Swoope was even given a “Be on the Lookout” profile on the FBI's website after a video showed him spraying officers with what appeared to be a chemical irritant.
Siemers and Llamas were both sentenced to probation, while Swoope is still in prison, slated to be released in August 2027.
Christine Priola - Willoughby
Photos of former Cleveland Metropolitan School District occupational therapist Christine Priola circulated quickly after the attack, showing the Willoughby woman standing inside the U.S. Senate chambers.
Priola pleaded guilty to three charges:
- Knowingly entering or remaining in any restricted building or grounds without lawful authority
- Violent entry and disorderly conduct on Capitol grounds
- Unlawful activities on Capitol grounds, parades, assemblages and display of flags
Priola was sentenced to 15 months in prison but only ended up serving a little more than nine months.
John Douglas Wright - Canton
John Douglas Wright pleaded guilty to an obstruction charge after photos showed him pushing a barricade against Capitol Police officers.
Authorities said Wright organized two charter buses, traveled with around 100 people to Washington, D.C., and then entered the capitol grounds illegally.
Once there, he tried to push through a metal barricade held by federal law enforcement officers but was unsuccessful. Minutes later, he successfully bypassed another barricade and entered the Capitol building, authorities said.
While inside, Wright posted a video on Facebook Live, smoked a cigarette and then left. He posted the following statements on social media, according to the U.S. Attorney's Office:
- "SET ON NICE BENCH IN ROTUNDA AND HAD A SMOKE.”
- "WE ARE GOING TO HAVE TO FIGHT THE BLUE TOMORROW."
- "ALMOST WAR TIME"
- “YESTERDAY WAS A PRACTICE RUN.”
- “I THINK WE NEED TO MAKE HOME VISITS."
Wright was released early from prison in December after serving 21 months.
Cliff and Michael Mackrell - Wellington
Images of the siege released by the FBI identified Cliff Mackrell as the person who allegedly pushed back barricades near the Capitol entrance and was later seen striking a Capitol officer and grabbing his mask.
In March of 2021, Mackrell, 20, was arrested on multiple charges, including forcibly assaulting, resisting, opposing, impeding, intimidating or interfering with certain officers or employees; obstruction of law enforcement during civil disorder; violent entry and disorderly conduct on Capitol grounds; and knowingly entering or remaining in a restricted building without lawful authority, according to a criminal complaint filed in federal court.
RELATED: Lorain man arrested by FBI for allegedly assaulting police officer during siege of US Capitol
On the day of the Capitol riot, Mackrell wrote, “hey libtards and conservatives let’s stop fighting for a minute so I was thinking you libtards think the government was corrupt in 2016 right well I’ve thought they were corrupted for a very long time now how about we get rid of all of them because well it is out literal job as American’s to kill the tyrannical government. Also f*** all news stations.”
Cliff was arrested at his father's home in March of 2021. His father, Michael, was not arrested until two years later.
On Oct. 20, 2023, Michael Mackrell pleaded guilty to a felony offense of assaulting, resisting, or impeding certain officers. Court documents detail how Mackrell pushed back barricades with other rioters, and Mackrell wrapped his arm around the neck of a U.S. Capitol Police officer and threw the officer to the ground.
Both are still serving time in prison. Cliff Mackrell is set to be released in January 2026. His father's release date is one month later.
Kimberly Wargo and Colton Wargo - Westlake
Agents arrested mother and son Kimberly and Colton Wargo of Westlake after investigators said the two spent a half hour inside the Capitol walking around with a mob of people after attending the president’s rally.
The two ended up serving almost two weeks in jail.
Devin Steiner and Adam Miller - Wooster
Devin Steiner, 40, surrendered to authorities in May 2022 after being charged with entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disrupting the orderly conduct of official business; disorderly conduct in a Capitol building; and parade, demonstrate or picket in a Capitol building.
Steiner and his brother-in-law Adam Miller initially did not cooperate with investigators or acknowledge visiting the Capitol, despite recording their visit and texting “storming the capitol building with hundreds of thousands!”
Just three days later, agents said Steiner responded to a text asking to hang out by saying:
Each of them was sentenced to 30 days in jail, and both were released a couple of days early.
Trevor Cain - Aurora
After appearing in several videos online, Trevor Cain of Aurora was formally charged in June 2023 on felony and misdemeanor charges.
"Sometimes you got to break a window to get back into your own house," Cain told a reporter during an interview while standing on the steps at the Capitol. "This is history. Mark this day on your calendar: January 6, 2021."
Cain pleaded guilty to two misdemeanor charges and is slated to be sentenced on Jan. 19.
Ethan Seitz - Sandusky
34-year-old Ethan Seitz was convicted on one felony count and one misdemeanor count in 2023.
Investigators obtained text messages from Seitz's phone saying, "I’m a stand firm [sic] on the belief that the time is very quickly approaching when good men are gonna have to do bad things. Because it’s war."
Court records detail how Seitz was among those being pushed back by police outside the Capitol and that Seitz grasped an officer’s baton.
Investigators said Seitz admitted in a Facebook message following the riot that he “didnt expect to be on the frontline storming the capitol and taking the building lol.”
He was sentenced last fall to 3 years probation and 60 days home arrest.
Peter Malone - Cleveland Heights
Peter Malone, 67, is among several people from Northeast Ohio who pleaded guilty to misdemeanor charges after walking inside the U.S. Capitol on January 6.
Video shows Malone spent 15 minutes inside walking around.
Malone is scheduled to be sentenced in April and could face up to a year in prison for his two misdemeanor charges.
Clay Norris - Canton
Last month, Clay Norris, 48, of Canton, pleaded guilty to a felony charge of assaulting, resisting, or impeding certain officers.
According to court documents, Norris made the trip to Washington D.C. with a megaphone, having previously said on social media, “I’m ready to lay it down in jail in D.C. on the 6th. TRUMP basically saying get wild for are [sic] COUNTRY and freedom’s” and "I’ll be ready for war if need be.”
He is slated to be sentenced in May.
Mason Porter - Rittman
Police arrested 38-year-old Mason Porter last February and accused him of helping someone try to scale a wall during the attack.
The day after the attack, authorities said Porter posted online, "Our forefather gave us the 2nd amendment because they knew power the government was gonna have. And if corrupted they knew that violence and the 2nd ammendment [sic] would be the only defense against it. Love it or hate it this is America its brick and mortar foundation was built with an understanding of this happening. I don't feel shame. Note even close!"
He is scheduled to be sentenced on Jan. 8 for two misdemeanor charges to which he previously pleaded guilty.
Patrick Duffy - Cleveland Heights
On Jan. 6, 2021, body camera footage showed Patrick Duffy marching down Pennsylvania Avenue toward the Capitol Building, authorities said.
Duffy eventually reached the door while chanting for the crowd to enter, authorities said.
CCTV footage then showed Duffy participating in taking a shield from one of the three police officers who were guarding the doors, authorities said.
Duffy continued to push through the crowd and eventually found himself inside the Capitol building, authorities said.
He pleaded guilty to two misdemeanor charges and is scheduled to be sentenced in May,
A lot of these arrests came from anonymous tips. There are still hundreds of unidentified people captured in photos and videos from Jan. 6.
You can browse those images by clicking here.
Clay LePard is a special projects reporter at News 5 Cleveland. Follow him on Twitter @ClayLePard, on Facebook Clay LePard News 5 or email him at Clay.LePard@WEWS.com.
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