Chicago

Chicago Cop Avoids Jail for Capitol Breach, Sentenced to Home Detention and Probation

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Published on January 25, 2024
Chicago Cop Avoids Jail for Capitol Breach, Sentenced to Home Detention and ProbationSource: U.S. District Court records

Karol Chwiesiuk, a Chicago police officer who trespassed in the U.S. Capitol during the infamous January 6 insurrection, will not serve jail time but is handed down three months of home detention and three years of probation, following a ruling by U.S. District Judge Ana C. Reyes. Chwiesiuk and his sister Agnieszka, who faced the same charges and received an identical sentence, took part in the Capitol breach and later described the ordeal as "epic" in a text, reported the Chicago Tribune.

Despite the prosecution's push for a year behind bars, Judge Reyes did not believe imprisonment was the answer, citing that the Chwiesiuks did not have a criminal history and their time inside the Capitol was less than 10 minutes with no violent acts; Reyes was persuaded by the defense's argument, which posited that the gravity of an eight-minute episode should not erase a lifetime's work, and the sentence was also influenced by the fact Chwiesiuk erroneously claimed he was oblivious to the chaos unfolding at the Capitol or that entering it was prohibited. Chwiesiuk, currently on unpaid leave since the probe surfaced, also serves as a part-time security officer, reported the Washington Post.

At the sentence hearing, Chwiesiuk, who has not been ejected from the police rank files, sought to defend his presence at the Capitol by attesting that as a police officer he felt compelled to enter and would have assisted his fellow officers had he witnessed an attack against them, a claim he asserted to Judge Reyes. His sentence also includes a mandate for 200 hours of community service and a $500 restitution payment, his defense attorney, Nishay Sanan, confirmed the penalty and stressed there was no finding by the judge that his client had perjured himself during the trial.

The Chwiesiuks initially traveled to Washington to attend a speech by former President Donald Trump and to address their concerns regarding what they believed was a compromised election, defense claims, disregarding the possibility of a prison term as appropriate for Karol Chwiesiuk's political views which, according to Sanan "no sentence imposed by the court will change Karol Chwiesiuk’s political outlook and beliefs related to this prosecution," yet offering a glimpse of hope that Chwiesiuk might one day reconsider his actions, Judge Reyes emphasized that incarceration wasn't on her docket but her sentence would resonate as a staunch reminder of the event's severity, of which approximately 740 defendants have faced consequences, with 400 extending beyond the next presidential election and about 106 receiving home detention as part of their sentence. Sanan indicated the next steps include the restoration of Chwiesiuk's firearm owner’s identification card,

Shortly after Chwiesiuk's indictment, then-Chicago Police Superintendent David Brown expressed his dismay, stating that charges against an officer over the January 6 riot "makes my blood boil" and betray the principles of duty and law, an emotion echoed by many in the wake of the unrest. While the Home detention and probation are set, both Karol and Agnieszka Chwiesiuk are considering an appeal against their conviction, maintaining their innocence despite the jury's verdict, as told to the Chicago Tribune.