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'Hold the line!': Amherst woman who stormed Capitol recommended for 14-day jail sentence
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'Hold the line!': Amherst woman who stormed Capitol recommended for 14-day jail sentence

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Sunstrum Capitol riot interior

Traci J. Sunstrum seen on closed-circuit television in the interior area of the Capitol on Jan. 6, 2021.

Federal prosecutors are seeking a 14-day jail sentence for Traci J. Sunstrum, an Amherst woman who screamed profanities at beleaguered police officers and shouted "hold the line" as rioters overwhelmed security at the U.S. Capitol on Jan. 6, 2021.

Sunstrum, 45, the first of of four Western New Yorkers who have pleaded guilty to a misdemeanor Capitol riot charge, becomes the first among them to learn what the U.S. Attorney's Office in Washington, D.C., recommended for punishment.

Prosecutors also urged a federal judge to sentence her to three years of probation and levy $500 in restitution, according to a new court filing.

Sunstrum's own cellphone video recordings provided prosecutors the timing and locations of what she did when thousands of people swarmed around and inside the Capitol with hundreds attacking and injuring police officers to interfere with the peaceful transfer of power to a newly elected president. 

"Sunstrum’s exhortation to her fellow rioters to 'hold the line,' her vile epithets hurled towards the police officers heroically seeking to protect the Capitol and those working inside it, her extensive travel within the Capitol building, and her praise for the riot in its aftermath, demonstrate the need for her to be deterred against future similar conduct," according to the prosecutors' recommendation filed in U.S. District Court in Washington.

When a flash bang thrown by police exploded near her, she screamed the profanity at police and encouraged those around her not to fall back.

Traci Sunstrum screenshot of Jan. 6 Capitol riot

Screenshot from Traci Sunstrom video during Jan. 6 riot at Capitol. 

But to her credit, prosecutors said, Sunstrum did not engage in violence, theft or destruction during her roughly 30 minutes inside the Capitol building, In fact, she encouraged others to remain peaceful, saying "We don't destroy things. Don't do that. We're peaceful."

Another time she said, "God wouldn't want us to do that. That damage is unnecessary."

And she also said, "We don't do violence. That's the whole point of us."

The sentencing recommendation provides a framework for how prosecutors believe those involved in the Jan. 6 insurrection should be treated.

Approximately 640 defendants were charged with entering or remaining in a restricted federal building or grounds, according to the U.S. Attorney's Office in Washington. But Sunstrum was not among the more than 225 defendants charged with assaulting or resisting police officers, including more than 75 individuals who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to a police officer. Approximately 140 police officers were assaulted Jan. 6 at the Capitol.

For those arrested, the charges range from unlawful entry misdemeanors to assault on law enforcement officers and conspiracy to corruptly interfere with Congress, and the punishments have ranged from probationary sentences to years of imprisonment.

While misdemeanor defendants generally fall on the lower end of that spectrum, their misdemeanor breaches of the Capitol on Jan. 6, 2021, were not minor crimes, prosecutors said.

The courts have already drawn distinctions among offenders.

"Those who engaged in felonious conduct are generally more dangerous, and thus, treated more severely in terms of their conduct and subsequent punishment," according to the sentencing recommendation. "Those who trespassed, but engaged in more aggravating factors, merit serious consideration of institutional incarceration. Those who trespassed, but engaged in less serious aggravating factors, deserve a sentence more in line with minor incarceration or home detention."

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Sunstrum, who's to be sentenced later this month, pleaded guilty on Nov. 17 to parading, demonstrating or picketing in the Capitol.

Her defense lawyer did not respond to requests for comment.

Traci Sunstrum photo from Capitol riot on Jan. 6

Screenshot from Traci Sunstrum cellphone recording while she was at Jan. 6 Capitol riot.

Sunstrum came to the attention of the authorities Jan. 12 when an anonymous tip to the FBI indicated she was seen on a Facebook Live stream, according to the federal criminal complaint against her. Investigators used her email account to geolocate her inside the Capitol building.

She recorded videos of the riot on her phone, and the FBI recovered the videos, which included her commentary.  

She recorded the downed barrier fences. 

"Looks like we broke through the gates. ... We are storming the Capitol building," she said, according to the FBI's transcription of the video. "Haha. The Capitol police tried. I got news for you buddy. You got 70 million pissed off Americans. ... We are literally on land that we are not allowed to be on normally.”

She recorded the crowd bypassing metal barriers and being hit with tear gas.

"We have taken over the Capitol," she said. "Not that I want the police to be hurt, but they need to realize they're outnumbered. ... Taking down barriers! That's right! They have made it inside. Oh, that's pepper gas!”

Undeterred, Sunstrum proceeded forward and filmed a flash bang thrown by police near her position. After the explosion, she screamed an epithet at the officers.

Eventually, Sunstrum made it inside the Capitol. The building's closed-circuit television recorded Sunstrum entering the Senate wing door at 2:16 p.m.

“We have broken and breached the Capitol," she said.

Sunstrum explored the Capitol building, entering Statuary Hall at 2:33 p.m. Sunstrum was in the east stairwell at 2:44 p.m.

Then Sunstrum was seen on closed-circuit television in the interior area of the upper House door at 2:45 p.m.

Upon exiting the building at 2:45 p.m., Sunstrum made a video in which she expressed anger about the fatal shooting of Ashli Babbitt, 35, shot by a Capitol police officer while she tried to climb through a door near the House chamber.

“A patriot was just shot inside the Capitol building. We stormed peacefully," Sunstrum said. "They pulled out guns, shot somebody. Now the patriots are pissed.”

The 31-page sentencing recommendation from federal prosecutors explains their reasons for seeking a 14-day jail sentence for Traci J. Sunstrum, who pleaded guilty to a misdemeanor Capitol riot charge.

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