Herrera entered the Capitol and allegedly posted a photo of himself and others in a government office.
He was messaging back and forth on social media about his presence at the event. However, there is no evidence he engaged in violence.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Erik
- Last Name(s): Herrera
- Case Number: 1:21-cr-619
- Arrest Location: Los Angeles, CA
- Judge: Beryl Howell
- Entry Last Updated: 02/05/2023
- Date Docket Downloaded: 04/23/2022
- Currently Incarcerated: No
- Support: We are not aware of any donation campaigns to help cover Erik Herrera's legal and living expenses. If one is in place, please contact us with the details. If one is not yet in place, consider creating a donation campaign with GiveSendGo, and then send that link to us.
Charges
Tampering with a Witness, Victim, or Informant-Obstruction of an Official Proceeding and Aiding and Abetting (1) Temporary Residence of the President-Entering and Remaining in a Restricted Building or Grounds (2) Violent Entry and Disorderly Conduct on Capitol Grounds-Disorderly Conduct in a Capitol Building (3) Violent Entry and Disorderly Conduct Capitol Grounds-Parading, Demonstrating, or Picketing in a Capitol Building (4)
Case Status
Herrera was arrested on 8/19/21 and appeared in court on 9/9/21. On 09/09/21, he was released on personal recognizance. He pled not guilty to all counts during a 10/15/21 arraignment. On 8/5/22, a pretrial conference took place, followed by jury selection on 8/15. On 8/19/22, a jury found Herrera guilty on all counts. Sentencing took place on 1/17/23. He was sentenced to 48 months incarceration followed by a concurrent term of 36 months of supervised release, He was ordered to pay to the Clerk of Court a special assessment in the total amount of $170, a fine in the amount of $1,000.00, and restitution in the amount of $2,000.00. Judgment in the case was appealed on 1/20/23.
USA Attorney
John Borchert
John Witherspoon Borchert.
US ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA- Criminal Division
555 Fourth Street, NW
Washington, DC 20001
202 252 7679
[email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Erik Herrera's Mailing Address
NA-Released.
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Erik Herrera Docket Sheet as of 04/23/2022
- Docket-Download-11.22.21
- #1-SEALED COMPLAINT as to ERIK HERRERA
- #3-MOTION to Seal Case by USA as to ERIK HERRERA
- #4-ORDER granting 3 Motion to Seal Case as to ERIK HERRERA
- #5-Arrest Warrant Returned Executed on 8.19.2021 as to ERIK HERRERA
- #6-ORDER Setting Conditions of Release as to ERIK HERRERA
- #8-INDICTMENT as to ERIK HERRERA
- #10-STANDING ORDER. Signed by Chief Judge Beryl A. Howell
- #11-NOTICE OF ATTORNEY APPEARANCE
- #12-NOTICE of Filing by USA as to ERIK HERRERA
- #13-STATUS REPORT Regarding Discovery as of October 21, 2021 by USA as to ERIK HERRERA
- #14-Unopposed MOTION for Protective Order Regarding Discovery by USA as to ERIK HERRERA
- #15-PROTECTIVE ORDER as to ERIK HERRERA
- #16-Unopposed MOTION to Continue Status Hearing and Exlude Time Under the Speedy Trial Act by USA as to ERIK HERRERA
- #17-STATUS REPORT Regarding Discovery as of November 5, 2021 by USA as to ERIK HERRERA
- #19-NOTICE of Attachment _A_ To Defendant's Acceptance by ERIK HERRERA
- #20-Rule 5(c)(3) Documents Received as to ERIK HERRERA
- #22-Unopposed MOTION to Continue Status Hearing and to Exclude Time under the Speedy Trial Act by USA as to ERIK HERRERA_
- #25-Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time from Speedy Trial Act Calculation by USA as to ERIK HERRERA_
- #27-Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under the Speedy Trial Act by USA as to ERIK HERRERA_
- #28-NOTICE OF ATTORNEY APPEARANCE
- #29- NOTICE OF ATTORNEY APPEARANCE Christopher Matthew Cook appearing for USA
- #30-Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time under the Speedy Trial Act by USA as to ERIK HERRERA_
- #31-MOTION to Withdraw as Attorney by John Borchert. by USA as to ERIK HERRERA_
- #32-STATUS REPORT by USA as to ERIK HERRERA
- #34-NOTICE OF ATTORNEY APPEARANCE Cindy Jane Cho appearing for USA
- #35-Joint MOTION to Continue Motion in Limine Deadline by ERIK HERRERA
- #36-MOTION to Change Venue by ERIK HERRERA
- #37-MOTION in Limine by ERIK HERRERA
- #38-MOTION to Dismiss Count One, Two and Three of the Indictment by ERIK HERRERA
- #39-NOTICE OF ATTORNEY APPEARANCE Jacqueline N. Schesnol appearing for USA
- #40-RESPONSE by USA as to ERIK HERRERA re [38] MOTION to Dismiss Count One, Two and Three of the Indictment
- #41-RESPONSE by USA as to ERIK HERRERA re [37] MOTION in Limine
- #42-RESPONSE by USA as to ERIK HERRERA re [36] MOTION to Change Venue
- #45-NOTICE of Withdrawal by Cindy J. Cho. by USA as to ERIK HERRERA
- #46-REPLY in Support by ERIK HERRERA re [36] MOTION to Change Venue
- #47-REPLY in Support by ERIK HERRERA re [37] MOTION in Limine
- #48-REPLY in Support by ERIK HERRERA re [38] MOTION to Dismiss Count One, Two and Three of the Indictment
- #49-PRETRIAL MEMORANDUM Joint Pretrial Statement by USA as to ERIK HERRERA
- #50-Unopposed MOTION to Permit DEFENDANT TO APPEAR FOR THE AUGUST 5, 2022 PRETRIAL CONFERENCE BY VIDEOCONFERENCE by ERIK HERRERA
- #51-RESPONSE TO ORDER OF THE COURT by ERIK HERRERA re Order
- #52-RESPONSE TO ORDER OF THE COURT by ERIK HERRERA re Order
- #54-MEMORANDUM AND ORDER, AS TO ERIK HERRERA, DENYING the defendant's [36] Motion for Change of Venue
- #55-MEMORANDUM AND ORDER as to ERIK HERRERA, DENYING IN PART defendant's [38] Motion to Dismiss Counts One, Two, and Three as to Counts Two and Three
- #59-FINAL TRIAL ORDER as to ERIK HERRERA
- #60-EXHIBIT LIST by USA as to ERIK HERRERA
- #63-MOTION in Limine by USA as to ERIK HERRERA
- #64-Memorandum in Opposition by ERIK HERRERA re [63] Motion in Limine
- #65-Jury Instructions as to ERIK HERRERA
- #66-ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS and EXHIBIT LOGS as to ERIK HERRERA
- #67-Jury Note as to ERIK HERRERA
- #69-VERDICT FORM as to ERIK HERRERA
- #72-Unopposed MOTION to Continue Sentencing Hearing Date and Briefing Schedule by ERIK HERRERA
- #75-SENTENCING MEMORANDUM by USA as to ERIK HERRERA
- #76-NOTICE of Sentencing Exhibits by USA as to ERIK HERRERA
- #77-SENTENCING MEMORANDUM by ERIK HERRERA
- #78-REPLY by ERIK HERRERA To Government's Sentencing Memorandum
- #80-RESPONSE TO ORDER OF THE COURT by ERIK HERRERA re Order
- #81-RESPONSE TO ORDER OF THE COURT by USA as to ERIK HERRERA re Order
- #83-JUDGMENT as to ERIK HERRERA
- #85-Final Judgment by ERIK HERRERA
- #86-Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals
- #86-Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals
- #87-Unopposed MOTION to Continue Self-Surrender Date by ERIK HERRERA
- #88-ORDER, as to ERIK HERRERA, GRANTING defendant's [87] Unopposed Motion to Continue Self-Surrender Date
In the news
- Coming soon