(TNS) — More than a dozen Western Pennsylvanians appear to be among those pardoned for their roles in the Jan. 6, 2021 Capitol riots under a sweeping order signed by President Donald Trump hours into his second term.
The order commuted the sentences of 14 rioters to time-served and issued full pardons to more than 1,500 who’d already been convicted or pleaded guilty. He also ordered the Department of Justice to pursue dismissal of all pending charges against defendants whose cases are still pending.
The order affects all of the 1,583 who were charged in connection with the riots spurred by false claims of interference in the 2020 election.
Trump referred to the defendants as “hostages” as he signed the order.
A pardon does not mean a clean slate — it sets aside a punishment but doesn’t overturn a conviction, and it does not mean that person is innocent.
At its base, a pardon is an expression of forgiveness and has historically been offered, according to the DOJ, to recognize an individual’s acceptance of responsibility. It restores rights affected by convictions — for example, the right to vote or sit on a jury or own a firearm.
At the same time, a pardon doesn’t negate all effects of a conviction, and neither the president nor the DOJ can expunge a criminal record. A pardoned offense can still be considered during sentencing of a subsequent crime, and it can also be used as a predicate offense — that is, a crime that is part of a larger, more serious crime.
Four Western Pennsylvania defendants were convicted or pleaded guilty to violent offenses that day. Among the most well known was Rachel Powell, the Mercer County woman who became known as “Pink Hat Lady.” The mother of eight climbed through a broken window into the Capitol then worked to coordinate riots so they could “take the building.”
Powell was convicted of nine felonies, including destruction of government property, engaging in violence on Capitol grounds, and entering a restricted area with a weapon. She was sentenced in January 2024 to 57 months in federal prison.
— Peter Schwartz, a Kentucky man living in Uniontown in 2021, received the longest sentence of any of the Pennsylvania Jan. 6th defendants — 14 years for attacking police with pepper spray and wielding a chair and wooden tire knocker. He was convicted in late 2022 on four counts of attacking or resisting law enforcement with a dangerous weapon, interfering with law enforcement and obstruction.
The judge who sentenced Schwartz told him that the folding chair he threw at police “directly contributed to the fall of the police line that enabled rioters to flood forward and take over the entire [Lower West Terrace].”
Schwartz’s wife, Shelly Stalling, pleaded guilty in 2023 to assaulting or resisting an officer using a dangerous weapon, civil disorder and remaining in a restricted area with a dangerous weapon. She was sentenced to two years in federal prison plus three years of supervised release for spraying pepper spray at officers.
— Robert Morss, an Army ranger and former substitute teacher, went into the Capitol with a knife sheath and scissors, yelling to other riots to “Take a look around. We are going to take our Capitol back.” He was convicted in 2023 of assaulting police with a weapon, robbery and obstructing an official proceeding.
He joined a line of rioters fighting with police, tried to seal a police baton, stole a police riot shield and worked with others to try to break through the line. He was sentenced to more than five years in prison.
— Jorden Mink, of Oakdale, was convicted of assaulting officers with a dangerous weapon after surveillance video captured him spitting on police officers, throwing things at them and hitting several officers with a large pole.
He was also convicted of theft and aiding and abetting for smashing a Capitol window with a baseball bat. He climbed inside and then passed furniture and other items to other rioters outside. He was sentenced to 51 months in federal prison.
— Dave Shalvey pleaded guilty in 2022 to assaulting an officer and obstructing an official proceeding. He threw at least one object at a police officer and took a letter from former U.S. Sen. Mitt Romney addressed to former Vice President Mike Pence. His wife, Tara Stottlemyer, also pleaded guilty to obstruction. She was sentenced to eight months in prison.
Others pleaded guilty to lesser charges and received far lower sentences:
— Jennifer Heinl, of Ross, who pleaded guilty to a misdemeanor and was sentenced in June 2022 to two weeks in federal prison, two years of probation and 50 hours of community service.
— Kenneth Grayson, of Bridgeville, who pleaded guilty in June 2022 to a misdemeanor. He was sentenced in December 2022 to two months in federal prison.
— Mitchell Vukich and Nicholas Perretta, both of Beaver County, each pleaded guilty to a misdemeanor count of parading in the Capitol building. Both were sentenced in January 2022 to one month in jail
— Samuel Fox, of Westmoreland County, who served two months of house arrest and paid $3,000 in fines and restitution after pleading guilty to disorderly conduct on Capitol grounds in late 2021.
— Julie and Brian Sizer, of Ellwood City, each served one year of probation after pleading guilty to misdemeanors.
— Philip Vogel and Debra Maimone, of New Castle, both served two years of probation for illegally entering the Capitol.
Trump had long indicated he would absolve those arrested in the riots that day, and he hinted again in recent weeks that it would be among his first moves upon retaking the office.
Democrats had decried any move toward Jan. 6 pardons, saying that doing so would send a dangerous message condoning political violence.
“Whether they committed violence or not, no one who participated in one of the darkest, most shameful days in American history should be pardoned,” Senate Minority Leader Chuck Schumer, D-N.Y., said during a Senate speech this month.
Even amongst themselves, some Republicans have been split on pardons for some of the most serious Jan. 6 offenses. Trump’s Vice President, JD Vance, told Fox News Sunday: “If you committed violence on that day, obviously you shouldn’t be pardoned.”
Rep. Mike Lawler, a New York Republican, said recently that those who engaged in violence Jan. 6 “should deal with the consequences of that.”
Other influential supporters pushed Trump toward blanket pardons, including Tucker Carlson and U.S. Rep. Marjorie Taylor Greene, R-Ga.
The majority of Americans — about 59% — oppose the pardons, according to a December poll from CBS News, but the survey also shows a growing number open to Trump carrying out his campaign promise.
