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A NEW YORK City judge’s son who stormed the US Capitol wearing a furry caveman costume has been sentenced to eight months in prison.
US District Judge James Boasberg told Aaron Mostofsky that he was “literally on the front lines” of the mob’s attack on 6 January 2021.
“What you and others did on that day imposed an indelible stain on how our nation is perceived, both at home and abroad, and that can’t be undone,” the judge told Mostofsky, 35.
Judge Boasberg also sentenced Mostofsky to one year of supervised release and ordered him to perform 200 hours of community service and pay $2,000 dollars in restitution.
Mostofsky had asked the judge for mercy, saying he was ashamed of his “contribution to the chaos of that day”.
“I feel sorry for the officers that had to deal with that chaos,” said Mostofsky, who must report to prison on or after 5 June.
Federal sentencing guidelines in his case recommended a prison sentence ranging from 10 months to 16 months.
Prosecutors recommended a sentence of 15 months in prison followed by three years of supervised release.
Mostofsky was one of the first rioters to enter the restricted area around the Capitol and among the first to breach the building itself, through the Senate Wing doors, according to prosecutors.
He pushed against a police barrier that officers were trying to move and stole a Capitol Police bulletproof vest and riot shield, prosecutors said.
“Mostofsky cheered on other rioters as they clashed with police outside the Capitol building, even celebrating with a fist-bump to one of his fellow rioters,” prosecutors wrote in a court filing.
Inside the building, Mostofsky followed rioters who chased Capitol Police officer Eugene Goodman up a staircase towards the Senate chambers.
He took the police vest and shield with him when he left the Capitol, about 20 minutes after entering.
Mostofsky was carrying a walking stick and dressed in a furry costume.
He told a friend that the costume expressed his belief that “even a caveman” would know that the 2020 presidential election was stolen from former president Donald Trump.
Mostofsky frequently wears costumes at events, according to his lawyers.
“To put the matter with understatement, the New Yorker is quirky even by the standards of his home city,” they wrote.
A New York Post reporter interviewed him inside the Capitol during the riot. He told the reporter that he stormed the Capitol because “the election was stolen”.
Mostofsky has worked as an assistant architect in New York. His father, Steven Mostofsky, is a state court judge in Brooklyn.
“The fact that his father is a judge means that he should have been better able than other defendants to understand why the claims of election fraud were false,” said Justice Department prosecutor Michael Romano.
Judge Boasberg said none of the supportive letters submitted by Mostofsky’s family and friends explain how he “went down this rabbit hole of election fantasy”.
“I hope at this point you understand that your indulgence in that fantasy has led to this tragic situation,” the judge added.
Aaron Mostofsky pleaded guilty in February to a felony charge of civil disorder and misdemeanour charges of theft of government property and entering and remaining in a restricted building or grounds.
Mostofsky was the first Capitol rioter to be sentenced for a civil disorder conviction.
Mostofsky’s lawyers asked for a sentence of home confinement, probation and community service.
Defence lawyer Nicholas Smith described Mostofsky as a “spectator” who “drifted with the crowd” and did not go to the Capitol to interfere with the peaceful transfer of power.
“He did things he should not have done,” Smith said.
“But there’s a big difference between an ideologue who is motivated to commit violence and someone who ends up doing bad things when they find themselves in a crowd.”
More than 780 people have been charged with federal crimes related to the Capitol riot, and over 280 of them have pleaded guilty, mostly to misdemeanours.
More than 160 defendants have been sentenced, including over 60 who have been sentenced to terms of imprisonment ranging from 14 days to five years and three months.
Approximately 100 others have trial dates.
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A driver doing this speed should be looking at an automatic ban.
@Reg:
They probably will get that
@Reg: well they should be keeping their eyes on the road anyway !!!!!
@Reg: The 173 was prosecuted
@Peter: The second Driver only got a fixed penalty notice No thinked up thinking Why
@Reg: he could have been rushing to the hospital?
Why lead with a headline that someone was doing 173km/h only go then add another driver was caught doing 177? Surely the second driver is (marginally) worse?
It’s like saying an Irish athlete has won a gold medal only to then state in the third paragraph “oh yeah, and his brother actually won two”.
@Gerard McAuliffe: the 173 was clocked in the pale
@Gerard McAuliffe: The 173 was prosecuted
@Gerard McAuliffe: Splitting hairs.They both are probably Audi/Bmw idiot drivers.We all see them every week on our roads and motorways.
@Gerard McAuliffe: The brother failed the drug test.
@Billy McNamara: Ironically, buying a BMW is probably one of the smartest things you can do. Makes it much easier to waft past the peasants in their Fords and Hyundi’s…
@Andy mc Laughlin: m7 Over Policed by Kildare Naas Stationed Gardai that’s when they’re not getting up to other tricks in the Court Yard Night Club Naas
@Rossa Crowe: pity I can only give one thumbs up, laughed out loud ;)
@Rossa Crowe: brilliant! Stick it to the insecure inferiors who are only capable of thinking in stereotypical generalities.
@Gerard McAuliffe: have you met the journal ? Integrity is not a strong point here and
@Rossa Crowe: You would want to learn how to spell before trying to appear smart.
@Sean Murnin: educate me so…not sure where I went wrong.
@Rossa Crowe: Hyundai’s
@Sean Murnin: Touchee – BMW is nice and easy, thankfully.
@Gerard McAuliffe: the 2nd one only got a fixed penalty. I would say the behaviour and type of driving would have had an effect between the two offenses.
What is going on, with all these Aśšhölês speeding ???
@pomerleau: mainly because the speed limits are a joke. Lots of roads where its perfectly safe to go faster and lots of roads where it should be slower. People will not adhere to a system they don’t respect.
There are plenty of computer systems available that would stop speeding so this is nothing more than a cash grab. An industry like everything else in this country.
@Rossa Crowe: As I said yesterday the issue is not that speed limits are unrealistic, it is drivers belief in their abilities. There are loads of roads in this country where you think the speed limit is too low, but the fact of the matter is that even if a road looks good does not mean there are hidden dangers like a hidden foot path behind a rise etc. The limits are there for a reason and we as drivers are not always privy to the why.
@Rossa Crowe: it’s not for you or anyone else to decide whether or not the speed limits are ridiculous. The fact is, they are what they are and people need to adhere to them. It’s the law.
@Rossa Crowe: Speed limits are there for a reason so that we can all use the roads safely. Even if speed limits were increased does it really matter if you get to your destination 2 minutes faster? 173km is excessively dangerous anyway and that driver deserves to be hit where it hurts.
@Maria Hickey-Fagan: Are you serious? So we should never change any laws that are clearly wrong? What about abortion laws or gay marriage? Medicinal cannabis? If you would like to make a coherent argument, fair enough but please don’t just say the law is the law.
@Kev: I merely made a general point that most rational people would agree with. I didn’t say driving at 170km wasn’t dangerous.
@Rossa Crowe: and if it was made mandatory to have a speed-limiting system fitted to your car you reckon there’d be no-one complaining about that and giving out that it was a revenue-generating scam?
@Rossa Crowe: catching someone doing 177 is not a cash grab. It’s likely saved someones life. If only the moron of a driver.
@Pseud O’Nym: Probably – i have a system in my work van that can tell if I am speeding, braking suddenly, cornering sharply etc. If it was about reducing deaths and speeds they could make this mandatory.
You can fail your test and drive home. You can pass your test and drive on a motorway without any previous motorway experience.
I find it a difficult system to respect.
@Patricia O’Reilly: Why not limit all cars to 120kmph then? The technology is already built in to cars to do this. Its already done in Japan.
@Pseud O’Nym: eh – I hate to tell you this but there are many mandatory rules in place for owning a car already: tax, insurance, nct, drivers license etc – one more is doable.
Ok I agree with a ban. But as the story says. Both were doing 173 in 100 zones. One is being summoned and the other gets a FPN?? That’s not fair.
@Oliver Jumelle: the first driver was driving dangerously as well as speeding. They are two separate offences.
@Jason Ebbs: How are they two seperate offences? speeding excessively is Dangerous Driving…
@: yes speeding is dangerous but they are still treated as two different offences. You can drive dangerously at 10kph. I suspect the first driver was probably swerving in and out of traffic and making dangerous movements on the road, hence the dangerous driving charge.
The second driver probably speeding in a straight line.
@: click on the link and you will see a heading under “speeding offences” and under that you will see a heading for “dangerous driving”. They are two different offences with different penalties and prosecutions.
@Jason Ebbs: Speeding excessively is automatically regarded as Dangerous Driving. Your speeding in a straight line analogy is nonsense.
Road Traffic Act, 1961
“(1) A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public.”
That chap should be done for Dangerous Drving for that speed. 77kph over the speed limit is categorically dangerous to the public…
@: did you even read the link I supplied above. A heading can be found “speeding offences” and a separate heading “dangerous driving offences”. Under each heading it explains the differences between the two situations and the difference between their penalties and prosecutions.
@Jason Ebbs: Road Traffic Act, 1961
53.— (1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.
Speeding excessively is automatically regarded as Dangerous Driving. Your speeding in a straight line analogy is nonsense. That driver should be prosecuted for Dangerous Driving for that speed. 77kph over the speed limit is categorically dangerous to the public…
@Jason Ebbs: Road Traffic Act, 1961
“53.— (1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.”
Speeding excessively is automatically regarded as Dangerous Driving. Your speeding in a straight line analogy is nonsense. That driver should be prosecuted for Dangerous Driving for that speed. 77kph over the speed limit is categorically dangerous to the public…
@: Speeding
If you drive over the speed limit, you will get 3 penalty points and a fixed charge fine of €80. If you do not pay the fine within 28 days, it increases to €120. If you do not pay this within 28 days (56 days from the original fine notification date), you will be summonsed to court where, if convicted, you could be fined up to €1000 and receive up to 5 penalty
Dangerous driving
It is an offence to drive dangerously in a public place. If you are convicted of dangerous driving, you could be fined up to €5000, or be sent to prison for up to 6 months, or both. If you are convicted of dangerous driving causing death or serious bodily harm, you could be fined up to €20,000 and imprisoned for up to 10 years, or both.
As I said, 2 different offences with different consequences.
@Jason Ebbs: They are not two separate offences. Dangerous driving is exactly just that, driving “at a speed that is likely to be dangerous to the public” hence “Dangerous Driving”.
Are you stating that driving at 77kph above a speed limit is not dangerous to the public and other road users??
@Jason Ebbs:
The prosecuting guard will decide what they’re going forward with
@Jason Ebbs: speeding thaybwxcessibly would fall under the catagory and definition of S53 dangetous driving. He is right. You are it wrong that speeding and dangerous driving are separate offences per say but speeding can be classed as dangerous driving and would be in this instance. (Even in a straight line).
For those that think the speed limit is stupid and needs to be reviewed upwards , drop along to a fatal RTA and watch someone’s guts being picked up with a shovel and the rest hosed down a shore.
Drop into an A&E and listen to a family being told that their loved one is dead because somebody thought it’s cool to speed.
Or watch a nurse & doctor trying to stitch someone’s face together after a door pillar mangled
How about hearing the screams of pain of someone after their back or neck has been snapped due to a crash at speed.
These are the scenes that people should see for real instead of diluted adverts.
@Justice Mickey:
Statistically speaking you have a 1:2400000 chance of being involved in a road crash resulting in death and thats not including the deaths where more than 1 person was killed in a single event.
All unnecessary deaths are very sad and should be avoided if possible but realistically the figure will never be zero. Its not mathematicaly possible.
@Rossa Crowe:
Put that on the headstones and pass it on to grieving loved ones…
I would reckon it would be a dead cert that your statistics will be shoved up your jaxie.
@Justice Mickey: Fair enough – never let the facts get in the way of a good moan. Fortunately the powers that be don’t make decisions based on isolated incidents.
@Rossa Crowe:
Even more fortunately people like you aren’t involved…
But hey , don’t let mere fatalities stand in the way of your high & mighty ivory tower.
And hopefully you aren’t ever standing over a hole in the ground saying goodbye to a loved one.
@Justice Mickey: People like me?- so you think 120kph is safe? The risk of death is increased with every kilometer upwards. The least deaths are caused on motorways so technically with the implied danger of speed people are more careful.
If there was a proper process involved in picking the speed limits I would have no problem. Every one knows they are not based on anything other than road type.
@Rossa Crowe:
You of all people should know the Sanders of motorway driving.
You are driving a high sided commercial vehicle carrying goods.
Windage , load shifting , incorrect tyre pressure, having to swerve to avoid debris , mechanical fault all play a major part of driving .
The 120 kph is a MAX speed , I’m happy to cruise at between 100 -110 kph if the road conditions allow.
Its should be a extra penalty point for every 10km over the limit with the automatic 3 you get anyway. So those tools doing the 177km should be looking at 10 penalty points.
@James Hayes:
Loss of licence for 5 years and have to re-sit the test and start from scratch with his/her insurance.
173kph….pah puny. Someone was doing 203mph in UK last week = 327kph…now that’s speeding.
@Gavin Tobin: In what car?
@Rossa Crowe: think it was a corolla :)
@Gavin Tobin: had to Google that – nissan GTR was caught at 192mph in UK. Now that’s speeding…
@Rossa Crowe: R8. Filmed himself, doing 200mph one hand on wheel apparently.
@Gavin Tobin: link please.
@Gavin Tobin: And total stupidity. Shows no regard for life not even his own. Should receive a very large fine and banned from driving for life.
@John Byrne: I don’t know – lets be fair going 202mph is very impressive by any standards.
@Rossa Crowe: I am so impressed
@Gavin Tobin: Jaysus just watched that 200mph Audi video. Imagine a blowout at that speed.
@Rossa Crowe: Except for filming himself that speed would be legal on some autobahns.
@Gavin Tobin: Audi RS6
Stupid thing to do in speed trap alley. He could have easily made up the time further along on the motorway section. I’d often cruise at 140-160 down there, never had a penalty point.
@Rochey77: Are you one of those who flash lights and blue motorists out of your way?
@John Byrne: *blow
@John Byrne: You shouldn’t be in the overtaking lane on a motorway even if your going 120kph. If more people knew the rules of the road there would be less dangerous overtaking maneuvers made, which I’m sure you will agree would reduce RTA’s.
Slow drivers are just as dangerous in my opinion which is also why vehicles under 50cc are not allowed on irish roads.
@John Byrne: absolutely. The Irish are rubbish drivers for the primary reason of lane discipline. I rode out once in a Garda traffic car and even with lights and sirens on the number of drivers that didn’t even see us coming or vacate to the left lanes was unbelievable
“It was a very windy day your honour and it was behind me”.
Why is it that one driver is getting prodecuted for Dangerous Driving over his speed of 73kph over the limit in a 100kph zone whilst the other driver is only in receipt of a FCPN for doing 77kph over the limit in a 100kph zone…how is that justified??
Fool
String him up ☹️
That’s 108mph and it makes headlines. We have turned into a nation of oul ones. Same I suppose with this bad flu that’s going around..
foolish
This is not news. This is shite.
We have become a tell tale country. It wont be long till they report that someone snook into a shebeen to drink a pint a plain
What’s that in miles/hr?
@JoyMonkey:
173km/h is 105mph
177km/h is 110mph
@JoyMonkey: Divide the Kilometres by 8, and then multiply by 5
@Peter: 173 km/h is 108 mph. I know, only 3 mph difference before I’m given out to
@Peter: 4kph does not equal 5mph
@Dara O’Brien @Joe_x
All I did was type it into google
@Peter:
I actually meant to type 107 where I said 105
For god’s sake! What was he driving???
@John Flood: What difference does car type make? Nearly all cars can go that speed barr some 1 litre city cars.
have your say