Mixed verdict on Capitol riot charges for Vitali GossJankowski
Vitali GossJankowski, a 34-year-old deaf man, was found guilty by a D.C. jury on three out of six charges related to his role in the Capitol riot on Jan 6, 2021. His trial started the first week of March and the jury returned their verdict on March 16 (yesterday).
He was found not guilty on three of the most serious charges: assaulting an officer with a deadly weapon, entering or remaining in a restricted building with a deadly weapon, and disorderly conduct in a restricted building or grounds with a deadly weapon.
GossJankowski was found guilty of obstructing officers during a civil disorder, obstruction of an official proceeding, and disorderly conduct in a Capitol Building or Grounds.
A person who attended the court proceedings and observed the closing arguments on Wednesday said the prosecution (U.S. government) tried to convince the jury that the stun gun that GossJankowski was seen holding was a deadly or dangerous weapon, but the defense was able to counter their arguments. The defense said the stun gun had very little ability to cause a muscle contraction or injury to other people — that it was a cheap product. The prosecution tried to frame the stun gun as dangerous based on its metal prongs and the idea that it could injure someone if it was applied toward their eyes.
The person at the court said although there were videos of GossJankowski holding a stun gun and activating it at the Capitol, there were no videos that showed him assaulting an officer with it. The defense also showed the jury a video of GossJankowski seemingly gesturing to people in the crowd not to hurt police officers that were pulled into the crowd — he wagged his fingers and seemed to mouth, “No. No.” The defense said it showed that GossJankowski didn’t have the intent to assault. Based on him being found not guilty on certain charges, it seems like the jury agreed that GossJankowski didn’t have a deadly weapon and even if he did, he didn’t intend to assault an officer with it. It seems like the jury thought this way.
———
[Sponsored video from Convo: www.convorelay.com]
———
[Advertisement from Deaf Law Center]:
Announcing the New York Adult Survivors Act: Many survivors of sexual assault need time to process the hurt they’ve experienced; it might take years or even decades for a survivor to tell someone what happened to them. For years, our laws were out of step with that reality. Because of that, many survivors lost the opportunity to hold the person who hurt them accountable in court. Now, those survivors are getting a fighting chance. The Adult Survivors Act is a New York State law that creates a one-time, one-year look back window for adult sexual assault survivors who are outside the statute of limitations. That means that any adult survivor – no matter when they were assaulted and even if they are outside the statute of limitations – can file a civil case against their abuser or the institution that protected them, through November 24, 2023.
Contact us today for a free consultation: https://www.deaflawcenter.com/contact
DISCLAIMEREisenberg & Baum, LLP attorneys are licensed only in New York, New Jersey, Connecticut, Florida, and Washington D.C. and thus cannot practice law in other states without special admission. If necessary, we will retain local counsel to provide legal advice and legal services in your state. Pursuant to the amendments to the New York Rules of Professional Conduct governing attorney advertising in New York, this document constitutes attorney advertising. You are advised that prior results do not guarantee a similar outcome. No representation is made as to quality of the legal services performed by other lawyers.———
The prosecution was able to prove that GossJankowski was on restricted grounds and obstructed an official proceeding based on videos showing his movements and actions at the Capitol, which included pushing at officers, spitting at officers, and pulling at their protective shields.
GossJankowski’s convictions could carry a prison sentence of several years, but it is not clear how much time he will get. A sentencing date has not been set. We’ll keep you updated.