Image by Richard Burton from Pixabay 

September 11, 2024 - FRESNO, Calif. — Following a one-day trial in Fresno, Benjamin Martin, 46, of Madera, was convicted on Tuesday of illegally possessing firearms and ammunition, U.S. Attorney Phillip A. Talbert announced.

According to evidence presented at trial and other court records, in September 2021, the FBI executed a search warrant at Martin’s residence in Madera and arrested him on charges filed by the U.S. Attorney’s Office for the District of Columbia for the breach of the U.S. Capitol that occurred on Jan. 6, 2021. During the search, the FBI found eight guns, including an AR-15 style assault rifle, multiple high-capacity magazines for the AR-15, and more than 500 rounds of ammunition. Martin was prohibited from possessing these items because of his prior domestic violence conviction, and resulting restraining order, for choking his then girlfriend and dragging her back into the house after she tried to flee.

Shortly after his arrest, Martin was caught on a recorded jail call where he instructed his then fiancée to lie to authorities and tell them that the firearms seized from his residence belonged to her and her father and that he did not know about them. She agreed to do so.

Martin also recently went to trial in the Capitol breach case in Washington, D.C., where the evidence showed that he held a door to the Capitol open while officers tried to close it. He kept the door open so that other rioters could spray chemical irritants and throw objects at the officers. Martin was convicted on all counts, which included two felonies for civil disorder and obstructing an official proceeding.

This case is the product of an investigation by the FBI. Assistant U.S. Attorneys Joseph Barton, Robert Veneman-Hughes, and Michael Tierney are prosecuting the case.

Martin is scheduled to be sentenced in the firearms case in Fresno on Nov. 25, 2024, by U.S. District Judge Jennifer L. Thurston. Martin faces up to 15 years in prison and a 250,000 fine for that case. He is scheduled to be sentenced in the Capitol breach case in Washington, D.C., on Nov. 15, 2024, by U.S. District Judge Rudolph Contreras. He faces additional imprisonment and fines in that case. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Source: DOJ Release