Garret Miller Sentenced to 38 Months in Prison for Assaulting Police and Threatening Rep. Ocasio-Cortez

Garret Miller, 36, of Richardson, Texas, was sentenced Wednesday in the District of Columbia to 38 months in prison for assaulting police officers during the US Capitol riot and threatening Rep. Alexandria Ocasio-Cortez on Twitter shortly after the attack.[0] Miller pleaded guilty to 11 counts, including “assaulting, resisting or impeding” officers during the riot, “interstate threat to injure or kidnap” for his Ocasio-Cortez threat, and “entering or remaining in a restricted building” – the Capitol.[1] Miller is required to serve 38 months in prison and 36 months of supervised release.[1]

Clint Broden, Miller's lawyer, commended the judge's “thorough examination of the case” and pointed out that the sentence was “substantially lower than the sentence requested by the prosecution.” He stated that his client has “expressed deep regret.”[2]

The Department of Justice reported that Miller went to Washington, D.C. on that particular day with items such as “a rope, a grappling hook, a mouth guard, and a bump cap.”[3] The department also said that Miller had threatened multiple people on social media, including Senator Chuck Schumer, Meta CEO Mark Zuckerberg, and then-Twitter CEO Jack Dorsey.[3]

Court documents state that Miller utilized multiple social media platforms on January 6th, 2021 to post death threats against Congresswoman Alexandria Ocasio-Cortez (D-N.Y.) and a U.S. Capitol Police officer, both before and during the attack.[4] Miller expressed regret in a letter to the judge for his involvement in the riot and the threatening messages.[2] He confessed that his behavior was inexcusable, cruel, and offensive. He had exhibited pride, conceit, and rage. He was in need of being humbled. His social media posts were utterly disgraceful and mortifying.[2]

Until his arrest on January 20, the Justice Department reported that Miller boasted about his actions during the riot and expressed a wish to locate the law enforcement officer who shot and killed rioter Ashli Babbitt, intending to “hug his neck with a nice rope”.[3]

Broden said in a statement to CNN that the sentence “ultimately reflects Judge Nichols careful consideration of the case,” and said that his client “has expressed his sincere remorse for his actions.

0. “Jan. 6 Rioter Who Threatened Rep. Ocasio-Cortez Sentenced to 38 Months in Prison” NECN, 23 Feb. 2023,

1. “Texas man gets 3 years for Capitol riot, AOC threats” WGMD Radio, 23 Feb. 2023,

2. “Jan. 6 rioter who threatened Rep. Ocasio-Cortez sentenced to 38 months in prison” NBC News, 22 Feb. 2023,

3. “Jan. 6 rioter who threatened Ocasio-Cortez sentenced to 38 months in prison” WSGW, 23 Feb. 2023,

4. “Richardson man who threatened congresswoman during Capitol riot gets 3-year prison sentence” FOX 4 News Dallas-Fort Worth, 23 Feb. 2023,

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