A year later, 1 guilty plea, 3 pending cases for Sacramento-area suspects in Capitol Riot

Jorge Aaron Riley made his first trip to Washington, D.C., one year ago, chronicling his activities with more than 150 posts and photos on Facebook, as well as a video interview outside the U.S. Capitol where he described being pepper-sprayed three times as he made his way into House Speaker Nancy Pelosi’s office, the FBI says.

“It was mostly a peaceful, physical takeover of the Capitol,” Riley said, according to court papers recounting his description of his actions on Jan. 6, 2021. “We stopped the steal, because they were in there and they weren’t going to stop the steal, so we stopped the steal.

“We took our country back. F--- you guys.”

Today, one year after the riot at the U.S. Capitol, Riley is one of four Sacramento-area residents and one of at least 50 Californians charged in the insurrection.

Federal officials say they have arrested 725 people nationwide since the events of last Jan. 6, and that 350 other suspects are actively being sought by the FBI for acts of violence on the Capitol grounds, including 250 believed to have assaulted police officers.

So far, federal prosecutors say 20 suspects have pleaded guilty to felony counts stemming from the riot that followed a rally by then-President Donald Trump, and 145 have pleaded guilty to misdemeanor counts, including one of the Sacramento-area defendants.

Here is the status of the cases involving Sacramento area residents:

Jorge Aaron Riley

Since his trip to the nation’s capital, the former GOP activist has been honored by the Sacramento Republican Assembly for his service to the party, appeared in an online video at a rally promoting the recall of California Gov. Gavin Newsom at the state Capitol and has been dealing with a separate criminal case in Sacramento Superior Court.

That case involves felony counts of child endangerment and inflicting physical harm on an 11-year-old boy, and a preliminary hearing on the charges had been scheduled for Tuesday in downtown Sacramento until it was postponed this week.

Riley remains out of custody and has pleaded not guilty to charges in Washington of obstructing an official proceeding, disorderly conduct and entering a restricted area.

Prosecutors argued last February that his actions in traveling to Washington and the charges he faces in Sacramento made him a danger to the community and that he should be kept in custody pending the outcome of his case.

“Critically, he is currently pending trial in Sacramento, California, where he is charged with felony child abuse against his son,” prosecutors wrote in court filings. “Specifically, he is alleged to have choked and beaten his child in public causing a number of visible marks and resulting in his son briefly losing consciousness.

“Apart from allegedly presenting a serious danger to even his own family members, Riley has most recently proven he is willing to travel thousands of miles to commit federal offenses in other jurisdictions while on release pending trial.”

Riley’s lawyer countered that his client is a disabled Army veteran who had been homeless before renting a duplex, and that keeping him in jail would endanger his health.

“Despite being charged with non-violent crimes, detention presents a serious risk to Mr. Riley given his preexisting medical conditions and the largely uncontrolled COVID-19 pandemic in institutional settings, such as detention facilities,” his lawyer argued. “Mr. Riley has serious medical and mental health concerns that this court should consider in making a determination as to Mr. Riley’s detention.”

U.S. District Judge Amit Mehta granted his release last February, ordering him to stay out of Washington, D.C., except for court business.

Riley’s next video hearing in federal court in Washington is scheduled for Jan. 24, and his attorney, Michael Lawlor, has indicated in court filings that discussions are underway with prosecutors “about a possible resolution in this case.”

Riley hung up when reached Wednesday for comment on his actions last Jan. 6.

Sean Michael McHugh

Sean Michael McHugh, an Auburn construction worker, faces the most serious charges of the four Sacramento-area defendants and is the only one who has been ordered to remain in custody pending the outcome of his case.

McHugh is charged with eight felony and two misdemeanor counts, including assaulting police, obstructing an official proceeding and violence on Capitol grounds.

He is accused of exhorting other rioters forward using a bullhorn and of spraying officers with bear spray he carried in a holster on his waist. McHugh was arrested in Auburn on May 27 after FBI agents received tips about his alleged involvement in the riot, and at a hearing in federal court in Sacramento U.S. Magistrate Judge Kendall J. Newman found McHugh to be a flight risk.

“This isn’t the situation where the guy had a few beers and went out and did something stupid,” Newman said. “He flew across the country and was involved in this incident and involving it with bear spray and firing up the crowd, etc. So that’s a significant concern.”

Once McHugh was transported to Washington, D.C., his federal defender tried to convince a judge to release him, arguing that McHugh is a lifelong resident of the Sacramento area and that his criminal history “consists of mostly misdemeanor convictions.”

Prosecutors disagreed.

“For someone who is only 34, McHugh has a remarkably long and disturbing criminal history spanning back to when he presented false identification to a police officer when he was only 16,” Assistant U.S. Attorney Jacob strain argued in court filings last summer. “Over time, his crimes have escalated with his first felony conviction for vehicle theft in 2006.

“His criminal history includes violent offenses ranging from vandalism, malicious destruction of private property, burglary, domestic violence, distribution of controlled substances, resisting arrest, and three prior rape offenses. In 2010, he was arrested and charged with ‘Rape: Force/Fear/Etc’ and ultimately convicted of the misdemeanor of ‘Sex with minor + or -3 years’ and ‘Contribute to Delinquency of a Minor.’”

Strain also argued that McHugh “has at least three documented prior instances of failing to appear for court hearings and was even charged and arrested for failure to appear.”

Chief U.S. District Judge Beryl A. Howell agreed, ordering McHugh detained while his case proceeds.

His assistant federal defender, Maria Jacob, has filed a motion asking the judge to dismiss five of the 10 counts McHugh faces.

Tommy Frederick Allan

Tommy Frederick Allan of Rocklin is charged with eight counts, including disorderly conduct, obstructing an official proceeding and theft of government property, which stems from allegations that he removed documents and a U.S. flag from the Senate floor.

Informants alerted the FBI to Facebook videos posts Allan made from inside the Capitol, and one tipster told agents Allan claimed to have gained entry to the Senate by climbing the Capitol wall using a rope, court records say.

That tipster also told agents Allan deleted his Facebook account upon returning home to Rocklin “and destroyed documents he removed from the Senate Building in the backyard...”

Allan had a brief telephone hearing in court Wednesday during which he entered not guilty pleas to the charges. His next hearing is scheduled for March 16. He returned a call from The Bee made to his cell phone following the hearing, but hung up when asked for comment on his actions of a year ago.

Valerie Elaine Ehrke

Valerie Elaine Ehrke was one of the earliest defendants to resolve her case with a plea bargain, and received one of the lightest sentences: three years probation, 120 hours of community service and a $500 fine to be paid to the architect of the Capitol.

Ehrke, an Arbuckle home designer, pleaded guilty to a single misdemeanor count of parading or picketing at a Capitol building, and was one of the first defendants to plead guilty in the riot.

Prosecutors described her conduct as “minimal,” and court papers said her conduct consisted of walking 15 feet into the Senate area Capitol, where she stayed for only a minute without confronting any police officers.

This story was originally published January 6, 2022 at 5:00 AM.