A federal jury in Washington, D.C. convicted Madera resident and former Fresno real-estate agent Benjamin Martin, 46, of two felonies and several misdemeanors for his role in the Jan. 6, 2021, Capitol riot on Wednesday.
The Department of Justice announced Martin’s convictions on Thursday morning.
GV Wire senior reporter David Taub contributed to this story.
Martin was found guilty of felony civil disorder and felony obstruction of an official proceeding. His misdemeanor convictions were for 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.
U.S. District Judge Rudolph Contreras will sentence Martin on Nov. 15.
In an interview with GV Wire following his September 2021 arrest by the FBI, Martin claimed that he was caught up in the mob and just trying to act as a peacemaker.
Evidence Presented at Trial
According to court documents and evidence presented during the trial, Martin attended then-President Donald Trump’s rally on the National Mall and made his way to the north side of the Capitol building, where rioters were gathered around a set of double doors.
At about 3 p.m., Martin commanded that the two officers guarding the doors “let us in,” but the officers did not respond. Martin remained at the front of the group of rioters, at one point shouting, “our house,” in an officer’s face.
Martin Goes From Onlooker to Active Participant
When one of the doors was briefly opened from the inside as a rioter exited the building, Martin then reached past the officers guarding the door, grabbed it, and entered the building over the sound of an alarm. Other rioters flooded in behind him.
Once inside, a larger group of officers pushed Martin and other rioters back out the door. However, Martin and the other rioters remained in the doorway. Rioters near Martin began to tackle, shove, spray, and hurl objects at the officers as Martin held one of the double doors open.
The officers attempted to retreat into the Capitol building away from the onslaught and pull the door shut behind them, but Martin continued to pull the door open. One officer tried to get Martin’s hand off the door, striking it with a baton, but Martin did not relent. The officer continued to swing his baton at Martin’s hand, but Martin evaded the baton and grabbed the door elsewhere as another rioter sprayed the officer with a chemical irritant.
The officer next grabbed the door and attempted to pull it closed, but Martin again grabbed the door and tried to keep it open. Ultimately, with help from other officers, the door was shut and locked. However, minutes later, Martin pulled one of the doors back open. Several officers came through the door, deploying chemical spray and pepper bullets to disburse the crowd.
Martin: ‘We Are Going to Rise up Against an Oppressive Government’
Still, Martin remained in the area for over an hour as rioters attempted to reenter the building, telling officers that “we are going to rise up against an oppressive government” and admonishing them to “Walk away from [their] posts.” Martin eventually left the area as more officers arrived.
The FBI arrested Martin on Sept. 2, 2021, at his Madera residence.
Martin’s Activism
Before the Capitol riot, Martin voiced his hard-right political opinions in shows he hosted on social media accounts. And, in 2020, he led rallies at Fresno retailers, protesting against masking policies. Martin was detained at one point, but not formally arrested. He has also had documented public shouting matches with Fresno City Councilman Miguel Arias.
Martin was on probation for a 2018 domestic violence case at the time of his arrest and had an active restraining order from his estranged sister.
His real estate license was restricted by the state Department of Real Estate in 2020.
Capitol Riot Investigation Continues
More than 1,450 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 500 individuals charged with assaulting or impeding law enforcement, a felony.
The investigation is ongoing and anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.