Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 44
- Location
- Riverside, California
- Charges
- Obstruction of an Official Proceeding; Entering and Remaining in a Restricted Building or Grounds; Disorderly and Disruptive Conduct in a Restricted Building or Grounds; Entering and Remaining in the Gallery of Congress; Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
Andrew Hernandez was identified by a manager at his workplace after a photo of him wearing a shirt and hat bearing the company’s name and logo during the Capitol riot was published on the cover of The New York Times Magazine. After being confronted by the company’s management, Hernandez was subsequently terminated for misrepresenting the company in illegal activities, according to court documents. Hernandez was also seen in Capitol security camera footage carrying a flag with a GoPro camera zip-tied to the flagpole, according to the FBI. In the footage he can allegedly be seen with a group of rioters violently pushing their way into the building. A review of his social media accounts suggests that Hernandez adheres to multiple ideologies, including Q-Anon, health and science-related conspiracies, financial conspiracies and various conspiracies associated with U.S. political figures, according to the FBI. In a Twitter post, days before the Jan. 6, 2021, riot, Hernandez wrote, “Happy New Year to You and your Family Courageous Mr. President. You are the Greatest President These United States of American Has Had! We the People are Honored to Stand with You, Fight and Defeat this [hidden] ENEMY Once and For All. For God and Country We Fight!” According to the government's and defendant's sentencing memoranda, Hernandez served in the U.S. Marine Corps.
Case History
Hernandez pleaded Guilty to one charge: Obstruction of an Official Proceeding. The other charges are dismissed. Sentenced on 1/30/2023 to 18 Months incarceration; 36 Months Supervised Release; Special Assessment of $100; restitution of $2,000. Hernandez received a full pardon on January 20, 2025
Sources
- Primary Documentation
NPR Jan. 6 Defendant DatabaseNPR - Primary Documentation
Underlying court recordCourt record linked by NPR - Supporting Reporting
NPR video evidence pageNPR
Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.