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'Bob's Burgers' actor sentenced to 1 year in prison for Jan. 6 role

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(The Hill) - An actor known for roles in the animated series “Bob’s Burgers” and “Arrested Development” was sentenced on Oct. 28 to a year and one day in prison for his connection with the Jan. 6, 2021, Capitol attack.

Jay Johnston, who voiced the role of Jimmy Pesto in “Bob’s Burgers” and played Officer Taylor on “Arrested Development,” pleaded guilty to a felony count of interfering with law enforcement during civil disorder in July. His attorney told a federal judge he’s been “blacklisted” by Hollywood since the riot. 

Actor Jay Johnston attends "The Sarah Silverman Program" presented by The Paley Center for Media on May 2, 2008, in Beverly Hills, Calif. (Neilson Barnard, Getty Images file)

When his sentence was handed down, Johnston looked straight ahead with a furrowed brow. His father, brother and fiance attended the hearing and spoke in his support.

Prosecutors said Johnston flew from Los Angeles to Washington the day before the riot, then marched to the Capitol after attending the "Stop the Steal" rally on Jan. 6. There, he used a stolen police riot shield to form a “shield wall” inside a tunnel against law enforcement and participated in a “‘heave-ho’ push” that “pinned and crushed” a police officer against a door frame, they said.

At the top of the government’s sentencing memorandum for Johnston, prosecutors attached an image of the actor dressed as “QAnon Shaman” Jacob Chansley, a rioter sentenced to more than three years in prison, for Halloween in 2022. 

“An 18-month sentence reflects the gravity of Johnston’s conduct, including his spread of disinformation about January 6th and his lack of remorse for participating in the riot,” prosecutors wrote in the memo, seeking a prison sentence of a year and a half for Johnston.

Johnston asked the judge for less than one year in prison, suggesting that prosecutors persistently overstated his role in the riot because he’s an “acclaimed Hollywood actor.”

“At its core, the government has continued to advance Mr. Johnston’s indictment on a ‘guilty-by-association’ basis, in which it compounds the conduct of others in the proximity of Mr. Johnston with his alleged conduct, rather than maintaining focus on Mr. Johnston’s individualized actions,” Johnston attorney Stanley Woodward wrote in his sentencing memorandum.

Johnston sought leniency from the judge, asserting that he has been unable to “sustain his livelihood” as an actor since joining the mob on Jan. 6. He was reportedly fired from Fox’s “Bob’s Burgers” after his presence at the Capitol was confirmed. 

Woodward said the actor, whose acting roles also included parts in “Anchorman: The Legend of Ron Burgundy” and “Mr. Show with Bob and David,” has worked as a handyman for the last two years. 

In addition to his prison term, Johnston must complete 40 hours of community service within a year of his release and must pay $2,000 in restitution to the Architect of the Capitol.

More than 1,500 rioters have been charged in connection with the Capitol attack.  


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