In a sentencing hearing on Tuesday, Ray Epps, a man who had become a target of rightwing conspiracy theories related to the US Capitol riot, received a year of probation for his involvement in the January 6 attack. Epps, a former Arizona resident who had been forced into hiding due to death threats, pleaded guilty in September to a misdemeanor charge of disorderly conduct on restricted grounds.

During the hearing, conducted via video conference, Chief Judge James Boasberg sentenced Epps remotely, as he was not present in the Washington courtroom. Prosecutors had recommended a six-month imprisonment for Epps, but the judge opted for probation instead. While Epps will not face jail time, he will be required to complete 100 hours of community service.

The Fox News Channel and other rightwing media outlets had amplified baseless conspiracy theories surrounding Epps, with some suggesting that he was an undercover government agent who intentionally provoked the Capitol attack to entrap Trump supporters. In response, Epps filed a defamation lawsuit against Fox News last year, holding the network accountable for spreading these unfounded claims.

During the sentencing, Epps expressed remorse for believing the falsehoods regarding a stolen election propagated by former President Donald Trump and his allies, which were also broadcasted by Fox News. Epps acknowledged that he had learned the hard way that truth cannot always be found in the places he had previously trusted.

Judge Boasberg acknowledged the persistence of conspiracy theorists who deny that the Capitol riot was an insurrection carried out by Trump supporters, expressing hope that the threats against Epps and his wife would subside, allowing them to move forward with their lives.

Federal prosecutors reaffirmed Epps's denial of being a government operative or FBI plant, as alleged by internet-fueled accusations. They clarified that Epps had no affiliations with the government beyond his service in the US Marines from 1979 to 1983.

As a result of the ordeal and ongoing threats, Epps and his wife have been forced to sell their property and businesses and flee their home in Queen Creek, Arizona, according to his lawyer.

Epps's guilty plea was related to disorderly conduct on restricted grounds, a charge that carries a maximum penalty of one year in prison. Prosecutors emphasized that Epps had actively encouraged the mob to storm the Capitol, participated in pushing a large sign towards officers, and engaged in a group effort to breach the police line.

While acknowledging that Epps did not initiate the riot, prosecutor Michael Gordon argued that he should still be held accountable for exacerbating the situation and advocated for jail time.

Epps's defense lawyer, on the other hand, requested six months of probation without imprisonment, asserting that Epps had traveled to Washington on January 6, 2021, to peacefully protest the certification of the electoral college vote for Joe Biden over Trump.