Montana Man Sentenced to Prison on Felony and Misdemeanor Charges for Actions During January 6 Capitol Breach

Press release from the United States Attorney for the District of Columbia

WASHINGTON – A Montana man was sentenced to prison on October 10, 2024, after he was previously convicted of felony and misdemeanor charges related to his conduct during the January 6, 2021, breach of the U.S. Capitol. 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.

Henry Phillip “Hank” Muntzer, 55, of Dillon, Montana, was sentenced to 24 months in prison, 12 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Jia M. Cobb.

Muntzer was convicted of obstruction of an official proceeding and civil disorder, both felonies, following a bench trial before U.S. District Judge Jia M. Cobb. In addition to the felonies, Judge Cobb also found Muntzer guilty of four misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

Following the Supreme Court’s decision in Fischer v. United States, the government voluntarily moved before sentencing to dismiss Muntzer’s conviction on obstruction of an official proceeding. Judge Cobb sentenced Muntzer on one felony count of civil disorder and the four misdemeanors.

According to evidence presented during the trial, Muntzer traveled from Montana to Washington, D.C., to attend the “Stop the Steal” rally at the Ellipse on January 6, 2021, with a group of friends in order to hear the former President’s speech. After the speech, Muntzer joined the crowd as they walked from the Ellipse to the restricted Capitol grounds. Muntzer entered into the restricted perimeter around the Capitol and made his way to the West Plaza. After other rioters had breached the scaffolding erected at the West Plaza’s north side, Muntzer joined the mob in surging up the northwest stairs before reaching the Upper West Terrace at approximately 2:35 p.m.

After reaching the Capitol’s Upper West Terrace, Muntzer recorded multiple videos in which he commented that he had passed “through all the tear gas” to “tak[e] the Capitol by storm.” From there, Muntzer entered the Capitol building via the Upper West Terrace Door at approximately 2:44 p.m.

Muntzer then proceeded through the Rotunda and toward the Senate Chamber. While in a hallway just outside the Old Senate Chamber, Muntzer joined other rioters in collectively pushing against law enforcement officers blocking the path to the Senate. Muntzer then entered the Rotunda by approximately 2:55 p.m. There, Muntzer joined other rioters in confronting a group of police officers blocking a doorway leading to the Capitol’s Upper West Terrace. Muntzer positioned himself at the front of this crowd and joined in a collective effort to push back the officers, who had their backs to a set of stairs. The group’s collective pushes ultimately caused at least one police officer to fall down the stairs.

By approximately 3:03 p.m., police had begun attempting to clear the Rotunda of rioters and had established a line across the middle and instructed rioters to exit through the East Rotunda Door. However, the crowd of rioters, including Muntzer, resisted. Muntzer continued to resist police efforts to clear the Rotunda and was one of the very last rioters present in the area. Muntzer exited the Capitol building via the Rotunda Doors at approximately 3:22 p.m.

Muntzer was arrested by the FBI on January 18, 2021.

The case is being 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 District of Montana.

The case was investigated by the FBI’s Salt Lake City Field Office, Helena Resident Agency, and Washington Field Office. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

In the 45 months since January 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 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.