Glen Mitchell Simon of Georgia pleaded guilty in October to a misdemeanor for participating in the January 6, 2021, Capitol riot, but prosecutors have asked for a delay in his sentencing in light of new evidence.
Court documents do not specify what the new evidence is. Simon's sentencing has been rescheduled from February 18 to sometime between March 14 and 23.
Simon pleaded guilty to one misdemeanor of demonstrating in the Capitol building. Though he said he was let in by other protesters, one of his Facebook posts provided evidence to the contrary, the Atlanta Journal-Constitution reported.
"Feel like I took about 50 bong rips of pepper spray today," Simon wrote in the caption to a photo of him with someone in an eagle mask. "Post victory picture after the ramming through of the capital [sic] building."
A transcript of Simon's cellphone recordings from January 6 read by District Court Chief Judge Beryl A. Howell at his October hearing told a similar story.
"Did they invite us in? [Expletive] no, they didn't," Simon said, according to Howell's transcript. "This is our house. We don't need permission."
To this, Simon replied he was "just talking," and "I don't know what I meant by it," the Journal-Constitution reported.
In an affidavit, the FBI said it found him in several locations in the Capitol when looking at surveillance video and that he filmed video from inside the Capitol and posted it to his Facebook, though he deleted it shortly after. Simon initially said that wasn't true.
The Sun Journal in Maine reported that Simon later signed a confession saying he had filmed the video inside the building, calling police "little f***ing spineless f***ing oath-violating little spineless weasels" for trying to stop the mob from entering the House and Senate chambers.
The prosecution—in this case the U.S. government—moved for the February 18 sentencing to become a status hearing, the court documents said. The government also offered Simon a new plea agreement charging him with disorderly and disruptive conduct in a restricted building.
If Simon pleads guilty to the new charge, the government will dismiss the other counts against him, including disorderly conduct in a Capitol building and "parading, demonstrating or picketing in a Capitol Building."
The penalty can be a fine, a prison sentence of up to a year or both, according to the Rollins and Chan law firm. However, if the person was carrying a firearm or weapon, the sentence can increase to up to 10 years. It is unclear whether Simon had a weapon.
Update 02/09/22 11:53 a.m. ET: This story was updated to add more information from the court documents and background on Simon's case.
