Alabama Man Sentenced for Assaulting Law Enforcement During Jan. 6 Capitol Breach

            WASHINGTON – An Alabama man was sentenced today in the District of Columbia for assaulting law enforcement 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 convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Dillion Colby Herrington, 31, of Madison, Alabama, was sentenced by U.S. District Judge Beryl A. Howell to 37 months in prison and 36 months of supervised release. Herrington pleaded guilty to one count of assaulting, resisting, or impeding certain officers on June 22, 2023.

            According to court documents, on Jan. 6, 2021, Herrington attended the “Stop the Steal” rally on the Ellipse and later walked toward the U.S. Capitol building carrying a large Gadsden flag. At 2:14 p.m., Herrington was on the West Plaza of the Capitol grounds at the forefront of a massive crowd of rioters confronting and taunting officers who were trying to maintain a defensive police line. Herrington repeatedly approached police officers, pointing at them, displaying his middle finger, and attempting to intimidate them through physically aggressive behavior.

            At one point, Herrington approached a police officer and shouted, “Look me in the f— eyes, m—f—! I’m coming for you.” He had to be restrained by other rioters. At 2:21 p.m., Herrington threw water at police and was sprayed with a chemical crowd-control agent. In response, Herrington threw an empty plastic water bottle, a COVID mask, and then a full water bottle toward officers on a raised platform behind a waist-high wall. About half a minute later, Herrington launched a 4 x 4 piece of lumber at an unsuspecting police officer on the platform. The officer moved at just the right moment and was not struck. Herrington displayed his middle finger toward the police.

            Herrington then picked up a bike rack and approached the officers on the platform. Court documents say that Herrington abruptly threw down the bike rack and changed direction after being sprayed by a chemical agent. Herrington then pulled an unknown object out of a box marked “DANGER HIGH VOLTAGE” and threw it in the direction of the officers.

            At about 2:45 p.m., Herrington retreated from the base of the Capitol building to recover from the effects of the chemical spray. At 3:00 p.m., however, he rejoined the mob and approached the building again. He ascended to the Upper West Terrace by walking up the balustrade of the Northwest Stairs. Herrington then remained above the entrance to the Lower West Terrace Tunnel to watch and record the violence taking place below.

            At approximately 4:57 p.m., Metropolitan Police Department Officers attempting to clear rioters from the area noticed that Herrington had a knife blade sticking out of his rear pants pocket. They detained him and removed a large military-style knife. While he was detained, Herrington informed the officers that he was also carrying a “taser.” Officers recovered an object from his pocket that appeared to be a small stun gun. Officers then secured the weapons in Herrington’s backpack and escorted him off Capitol grounds. By that time, Herrington had been at the Capitol for almost three hours.

             The FBI arrested Herrington on June 8, 2021.

            This case was 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 Northern District of Alabama.

            This case was investigated by the FBI’s Washington and Birmingham Field Offices, with valuable assistance from the Metropolitan Police Department and U.S. Capitol Police.

            In the 34 months since Jan. 6, 2021, more than 1,200 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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