El Cajon man found guilty in Jan. 6 Capitol breach
A jury found a San Diego County man guilty for his actions during the Jan. 6, 2021 breach of the U.S. Capitol, which included taking a photo of himself inside the Senate Parliamentarian's office and posting them to Instagram.
Erik Herrera, 34, of El Cajon, was found guilty of obstructing an official proceeding, a felony, and four misdemeanor offenses that included entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a Capitol Building, disorderly conduct in a Capitol Building, and parading, demonstrating or picketing in a Capitol Building.
Herrera was among the rioters who forced their way into the Capitol building on Jan. 6, 2021 to disrupt the counting of electoral votes to certify President Joe Biden's win in the 2020 Presidential Election. He was captured on surveillance video within the groups that entered at the Senate Fire Door and the Senate Wing Door, according to the government's evidence. He also posted a photo of himself holding papers inside the Senate Parliamentarian's office, as another unidentified rioter reclined in a chair with his feet up on a desk in the background.
The Department of Justice says Herrera is a photographer, but was not at the Capitol as a credentialed journalist. According to federal prosecutors, he admitted on social media the day after the Capitol Breach that the press patch he was wearing had not been issued by a media organization.
"I don't have a monopoly on press badges. They're on Amazon for like $8 … No special permission to buy," he wrote.
Herrera was arrested in Los Angeles in Aug. 19, 2021.
Herrera, who is scheduled to be sentenced on Nov. 10, faces a statutory maximum sentence of 20 years in prison and financial penalties for the felony obstruction charge, and a combined statutory maximum of three years of incarceration and fines in connection with the four misdemeanor offenses.
More than 860 people have been arrested in nearly all 50 states since Jan. 6, 2021. Of those arrested, more than 260 have been charged with assaulting or impeding law enforcement in connection with the Capitol Breach.
