Bob's Burgers Actor Gets Prison Time Over Capitol Riot

Jay Johnston sentenced to a year and a day behind bars
By John Johnson,  Newser Staff
Posted Jul 8, 2024 11:57 AM CDT
Updated Nov 2, 2024 3:55 PM CDT
Comedic Actor Pleads Guilty in Capitol Riot
This image released and annotated by the Justice Department shows Jay Johnston at the US Capitol on Jan. 6, 2021.   (Justice Department via AP, File)
UPDATE Oct 28, 2024 4:16 PM CDT

Comedic actor Jay Johnston has been sentenced to a year and a day in prison for his role in the 2021 Capitol riot, reports the Hill. Among other things, prosecutors say he took part in a "heave-ho push" that pinned an officer against a door frame. Johnston, who has had roles in shows including the animated Bob's Burgers, sought a lighter sentence, arguing that his fame as an actor caused prosecutors to overstate his role in the riot.

Jul 8, 2024 11:57 AM CDT

A longtime comedy actor is now facing the very real possibility of spending time behind bars because of his participation in the Capitol riot of 2021. Jay Johnston, 55, pleaded guilty on Monday to a felony charge of obstructing officers during a civil order, reports NBC News.

  • About him: Johnston is perhaps best known for his role as pizzeria owner Jimmy Pesto on Fox's Bob's Burgers, per the AP. However, the role was recast because of this controversy. He also had small roles in Anchorman: The Legend of Ron Burgundy, Mr. Show, and Arrested Development.

  • What he did: According to an FBI affidavit, Johnston "participated with other rioters in a group assault" on officers at the building's lower west tunnel. At one point, Johnson held a stolen police shield over his head and passed it back to other rioters, according to the FBI. He "was close to the entrance to the tunnel, turned back and signaled for other rioters to come towards the entrance," an agent wrote.
  • Sentencing: The Los Angeles resident faces a maximum sentence of five years in prison, though sentencing guidelines recommend 8 to 14 months. Sentencing is set for October 7. Prosecutors will offer their recommendations before then, as will the defense.
  • In his words: Johnston did not speak to reporters on Monday. In the FBI document, one of his texts is quoted in regard to the riot: "The news has presented it as an attack. It actually wasn't. (Though) it kind of turned into that. It was a mess. Got maced and tear gassed and I found it quite untastic."
(More Capitol riot stories.)

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