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Press Release

Nevada Man Pleads Guilty to Assaulting Officers During Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, District of Columbia
Defendant Threw Objects at Officers, Using Makeshift Weapons, And Damaged Exterior Window

            WASHINGTON — A Nevada man pleaded guilty today to assaulting law enforcement officers with a dangerous weapon during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

            Josiah Kenyon, 35, of Winnemucca, Nevada, pleaded guilty in the District of Columbia.

            According to court documents, Kenyon was illegally in the Capitol Building from approximately 2:53 p.m. until 3:18 p.m., near a Senate Wing door and the Crypt. Kenyon was wearing a “Jack Skellington” costume, based on a character from the movie, “The Nightmare Before Christmas.” While outside the Capitol Building, he and others damaged an exterior window, causing more than $40,000 in damage. Kenyon first attempted to break the window with a closed fist, and then used a flagpole to hit the window.

            Between approximately 4:54 p.m. and 5:04 p.m., Kenyon was outside in the Lower West Terrace area. While there, he used a variety of objects to assault officers in the tunnel leading into the Capitol. He threw a large plastic pylon towards officers, striking one officer’s riot shield. He also struck officers with what appeared to be a table leg. He hit one officer in the leg, causing the officer to fall to the ground; the officer suffered pain and swelling to his right ankle. He then hit another officer in the head, with the table leg momentarily lodged between that officer’s helmet and face shield.

            Kenyon was arrested on Dec. 1, 2021, in Reno, Nevada, He pleaded guilty to one count of assaulting a law enforcement officer with a dangerous weapon and one count of assaulting a law enforcement officer with a dangerous weapon resulting in bodily injury. He is to be sentenced on Dec. 15, 2022. He faces a statutory maximum of 20 years in prison for each of the two charges. The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Nevada.

            The case is being investigated by the FBI’s Washington Field Office, which identified Kenyon as #94 in its seeking information photos, as well as the Reno Resident Agency of the FBI’s Las Vegas Field Office, and the West Covina Resident Agency of the FBI’s Los Angeles Field Office. Valuable assistance was provided by the Washoe County Sheriff’s Office, Reno, Nevada, the Metropolitan Police Department, the Metro Transit Police Department, and the U.S. Capitol Police.

            In the 20 months since Jan. 6, 2021, more than 870 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 265 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit


Updated September 15, 2022

Violent Crime
Press Release Number: 22-293