Washington Man Sentenced for Role in Jan. 6 Capitol Breach
WASHINGTON—A resident of Yacolt, Washington, has been sentenced to prison for his involvement in the January 6, 2021, breach of the U.S. Capitol, which disrupted a joint session of Congress convened to certify the 2020 presidential election results.
Benjamin John Silva, 37, received a sentence of four months in prison, followed by 24 months of supervised release, including four months of home incarceration. He was also ordered to pay $2,000 in restitution. U.S. District Judge Rudolph Contreras handed down the sentence after Silva pleaded guilty to a felony charge of obstructing law enforcement during a civil disorder on April 5, 2024.
According to court documents, Silva was identified near an entrance to the Capitol building on the Lower West Terrace, commonly known as the Tunnel, at approximately 2:49 p.m. on January 6. The Tunnel was the site of some of the most violent confrontations between rioters and law enforcement that day. Silva initially entered the Tunnel for about two minutes before leaving, only to re-enter at approximately 2:56 p.m.
At around 3:04 p.m., Silva joined a group of rioters inside the Tunnel who began to push against the police line guarding the Capitol entrance. Silva participated in a coordinated “heave-ho” effort, using his body and momentum to press against the officers. He also leaned into the police line with his hand on the riot shield of one officer.
Silva interacted with a police officer while another individual behind him sprayed a chemical irritant at the officers. Despite attempts by an officer to push Silva back by placing a hand on his forearm and wrist, Silva resisted and continued to push forward. Even as other rioters began to leave the Tunnel, Silva persisted in his efforts to press against the police line. He eventually exited the Tunnel at around 3:07 p.m. but remained in the vicinity for several minutes afterward.
Silva was arrested by the FBI on July 25, 2023, in Oregon.
The 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, with valuable assistance from the U.S. Attorney’s Office for the West District of Washington. The investigation was conducted by the FBI’s Seattle and Washington Field Offices, with support from the U.S. Capitol Police and the Metropolitan Police Department.
In the 44 months since the events of January 6, 2021, over 1,504 individuals have been charged in nearly all 50 states for crimes related to the Capitol breach, including more than 560 individuals charged with assaulting or impeding law enforcement officers. The investigation is ongoing.
