A Texas man who previously worked for Alex Jones’s website Infowars has been sentenced to four months of home detention and 60 hours of community service after he filmed the breach of the U.S. Capitol on Jan. 6, 2021.
Samuel Montoya, 37, was employed as a video editor for Infowars when he joined other demonstrators in the Capitol on Jan. 6 as the joint session of Congress was certifying the 2020 presidential election results.
According to court documents (pdf), the FBI received a tip to the National Threat Operations Center from a family member of Montoya just a week after the breach. The relative claimed to have proof that the video editor was physically inside the U.S. Capitol near 35-year-old Air Force veteran Ashli Babbitt, who was fatally shot outside the Speaker’s Lobby.
The family member told the FBI that Montoya had captured on camera the moment when Capitol Police Lt. Michael Byrd fatally shot Babbitt, and that the Infowars employee had shown his relatives the footage.
According to prosecutors, while filming inside the Capitol, Montoya recorded himself making various statements, such as “We’re gonna crawl, we’re gonna climb. We’re gonna do whatever it takes” and “I don’t even know what’s going on right now. I don’t wanna get shot, I’ll be honest, but I don’t wanna lose my country. And that’s more important to me than—than getting shot.”
At times during the footage, Montoya can be heard describing himself to others inside the Capitol Building as a “reporter” or “journalist,” police said.
Montoya Shares Video Footage of Babbitt’s Death
However, officials said that the director of the congressional press galleries within the Senate Press Office checked to confirm if Montoya had congressional press credentials as an individual or via any other organizations and that he did not.
Montoya later shared the footage of Babbitt being shot in a 44-minute video online titled “Patriots Storm Congress Raw Footage Includes Execution of Ashli Babbitt.” He also appeared on the Infowars show “War Room with Owen Shroyer,” where he provided his eyewitness account of the breach and Babbitt’s death.
The officer who shot Babbitt was cleared of wrongdoing by both federal prosecutors and Capitol Police.
Montoya was arrested in April 2021 and prosecutors initially considered charging him with one count of entering and remaining in a restricted building, one count of disorderly and disruptive conduct in a Capitol Building, one count of impeding passage through the Capitol Grounds or buildings, and one count of parading, demonstrating, or picketing in a Capitol Building.
He pleaded guilty to just one count, the latter, a misdemeanor punishable by up to six months in prison, in November.
Prosecutors recommended sentencing Montoya to 45 days of imprisonment but U.S. District Judge John Bates on Wednesday instead sentenced him to three years of probation, including 120 days of home detention and 60 hours of community service. He was also ordered to pay a $1,500 fine plus $500 in restitution.
‘He Was a Participant’
Prior to his sentencing, Montoya referred to himself as “a member of the media” and said he regrets his “approach to filming and reporting on the events that day.”
“Nothing like what happened at the Capitol that day should ever take place again,” Montoya said. “I truly hope my apology offers a bit of closure to my fellow countrymen as we recover and heal together.”
However, U.S. District Judge John Bates said Montoya “doesn’t get a free pass … just because he considered himself a journalist,” adding that it was a “close call” in deciding to spare him from incarceration.
“He was more than just a reporter,” the judge said. “He was not just an observer. He was a participant.”
Infowars founder and host Alex Jones told prosecutors that he had told Montoya to stay in Texas to work on the site’s broadcasts while Jones and others went to Washington, D.C. for the “Stop the Steal” rally on Jan. 6.
“Jones said that Montoya went to D.C. on his own and that Jones had instructed his staff not to go inside the U.S. Capitol,” Assistant U.S. Attorney Alexis Loeb wrote in a court filing.
Montoya was hired by Infowars in 2018 but was laid off in November when the company filed for bankruptcy after Jones was ordered to pay about $1.5 billion for his comments about the 2012 Sandy Hook mass shooting, according to his attorney.
The Epoch Times has contacted Montoya’s lawyer for comment.
The Associated Press contributed to this report. Article cross-posted from our premium news partners at The Epoch Times.
Why the National Debt Is the Looming Threat to Your Retirement Plans
The Hidden Crisis No One Is Talking About
Every day, headlines warn about inflation, market volatility, and global instability—but the greatest looming threat to your retirement might be something far more fundamental: America’s skyrocketing national debt.
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With debt growing faster than most Americans can possibly fathom, the government’s borrowing habits have reached historic—and dangerous—levels. To cover spending, Washington is making moves with their budget packages, tariffs, and taxes. Is it enough? No. It’s not even close to what would be necessary to stop out-of-control debt, let alone reverse it.
How Debt Erodes Your Nest Egg
There are only so many levers government and the Federal Reserve can pull to try to protect Americans, assuming that’s even a top priority for them. Unfortunately, pulling one level to relive one pressure invariably adds pressure from another direction. This is why prices keep going up even as inflation reportedly slows.
For retirees and pre-retirees, that’s a perfect storm. The dollars you’ve worked hard to save lose value, and your cost of living increases while your investments lag behind.
If you’re relying solely on paper-based assets—stocks, bonds, or mutual funds—you’re essentially tied to the same system that’s creating the problem. It’s a system that was designed to work well in the 20th century, not in today’s world with people living longer and the dollar rapidly losing value.
This is why the 3-minute report, “Debt Will Hit $40T in 2026: Prepare Your Retirement Now,” is so important.
The Precious Metals Hedge
Thousands of Americans are looking for a tangible, time-tested hedge: physical gold and silver.
Unlike paper assets, precious metals aren’t dependent on government policy or the stock market’s mood swings. They’re real, finite resources that have maintained value for thousands of years through wars, recessions, and inflationary periods.
In fact, during times of high inflation and fiscal instability, gold often performs its best—because it’s seen as a store of value when faith in the dollar weakens. This is why prices have skyrocketed this year and are expected by many economists to continue going up in the future.
Take Control with a Gold IRA
One of the most effective ways to protect your retirement from national debt fallout is through a self-directed Gold IRA. This IRS-approved account lets you hold physical gold and silver within your retirement portfolio, giving you:
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The Next Step: Secure Your Financial Future
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If you’re concerned about what the rising national debt could mean for your future, now is the time to act.
Read this 3-minute report titled, “Debt Will Hit $40T in 2026: Prepare Your Retirement Now“ and learn the simple steps you can take to protect your retirement.