A federal judge has handed a two-month prison sentence to a retired longtime Chicago firefighter who participated in the Jan. 6, 2021, attack on the U.S. Capitol by trying to push aside police officers protecting an area known as the Tunnel.
Joseph Pavlik, 66, of Chicago was arrested in January, and he pleaded guilty in August to civil disorder. Federal prosecutors have tied him to a militia group known as the Guardians of Freedom, which they say was founded by Pavlik’s nephew and is “loosely affiliated” with the Three Percenters.
The Three Percenters militia group got its name from an inaccurate claim that only 3% of Americans fought in the Revolutionary War, according to the Anti-Defamation League.
The feds have previously noted Pavlik’s phone number appeared on a roster for another militia group, the Oath Keepers, from 2009 to 2015. But in pleading guilty, Pavlik only conceded his ties to the Guardians of Freedom. Prosecutors did not mention the Oath Keepers as they sought a 13-month prison sentence for Pavlik last week.
He is among more than 40 Illinois residents who have faced federal charges in connection with the attack on the Capitol. U.S. District Judge Trevor McFadden also gave Pavlik six months of home confinement.
Pavlik spent 33 years as a firefighter before retiring in 2013, prosecutors said. He went to the Capitol on Jan. 6 with a tactical vest, helmet, goggles, a gas mask and a can of chemical spray, according to court records.
But Pavlik’s Chicago-based attorney, Lawrence Beaumont, argued his client was duped by his nephew that day. Beaumont wrote that Pavlik’s nephew lied and told him he had a security contract with the U.S. Marshals Service. Pavlik attended then-President Donald Trump’s rally that day to serve “essentially as an usher,” Beaumont wrote.
The Capitol was breached about 2 p.m. Beaumont claimed that Pavlik was back at his hotel, napping when his nephew came to his room and invited him to join him at the Capitol. The attorney said Pavlik originally declined but changed his mind and grabbed his tactical gear when he saw how others were dressed.
Meanwhile, officers guarding an entry to the Capitol known as the Tunnel wound up under siege by rioters for more than two hours, starting at 2:41 p.m., records show. The area provided direct access to the Capitol. It wasn’t until 3:45 p.m. that Pavlik arrived.
Once there, Pavlik began pushing officers in an attempt to help the rioters. The feds say he also gave an extra pair of goggles he’d had to a police officer who did not have eye protection, though, a fact they took into consideration in recommending his sentence.
Pavlik was forced out of the tunnel about 4:10 p.m., records show. That’s when the feds say he put his hand on the nozzle of the chemical spray can as if ready to use it. However, they said the crowd jostled him before he could spray anyone. So Pavlik allegedly passed the can to another rioter at the mouth of the Tunnel who used it instead.
After the riot, prosecutors say Pavlik posted comments on social media “alternately whitewashing his actions, shifting blame, and encouraging insurrection.”
On Jan. 7, 2021, he allegedly wrote “we were peaceful protestors.” On Aug. 4, 2021, he allegedly called the investigation into the riot a “farce” and called members of Congress “filthy demon rats.” On Aug. 9, 2021, the feds say he falsely stated there “wasn’t one person with a weapon” at the Capitol even though he carried chemical spray there himself.
And on Oct. 20, 2021, Pavlik allegedly wrote on Facebook, “It’s past time. We need an insurrection or a revolution and it has to be so convincing that the left will never raise their head above ground again.”
