A 76-year-old man from Pagosa Springs was sentenced Thursday for his participation in the Jan. 6, 2021, riot at the U.S. Capitol.
Clive Kincaid was sentenced to 12 months of probation, including three months of home incarceration. He must also pay a total of $901 in fines and another $500 in restitution.
Under a plea deal, Kincaid pleaded guilty in April to entering and remaining in a restricted building or grounds. He admitted to hitting a House Chamber door with a baton, and agreed to give federal investigators access to any electronic evidence he possessed related to the riot.
Kincaid faced up to six months in prison for the charge. Prosecutors dismissed three other counts against him as part of the deal.
The FBI arrested Kincaid in August 2023, two years after they first interviewed him. During that initial interview, he admitted to participating in the riot and confirmed videos and pictures that showed him inside the Capitol.
According to the FBI, capitol police shot Kincaid with six rubber bullets before he entered the building, and a fellow demonstrator hit him with a “chemical spray” while he was speaking to police. After one officer helped Kincaid clear the chemical from his eyes, he returned to the front of the group entering the Capitol.
Investigators said other rioters pushed Kincaid through a police line inside the building, noting that he appeared to try to calm people around him during the encounter. They said security video showed Kincaid inside the Capitol for about 25 minutes.
Kincaid’s attorney said in a filing Tuesday that his client “engaged in unacceptable conduct,” but argued Kincaid should not serve prison time because he had no previous criminal history. Kincaid was “caught up in the circumstances” around him and “found himself in the wrong place at the wrong time,” according to his lawyer.
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