Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 36
- Location
- Yacolt, Washington
- Charges
- Civil Disorder; Entering and Remaining in a Restricted Building or Grounds; Disorderly and Disruptive Conduct in a Restricted Building or Grounds; Engaging in Physical Violence in a Restricted Building or Grounds; Impeding Passage through the Capitol Grounds or Buildings
- Case status
- Pleaded guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
In two separate videos on social media, Benjamin Silva yells “Push,” and, “Let’s go” as he entered the Lower West Terrace Tunnel of the U.S. Capitol on Jan. 6, 2021, according to federal prosecutors. The videos also appear to show Silva going all the way to the line of police officers guarding it and speaking to an officer, as well as pushing against their shields. Officers then sprayed a chemical irritant and Silva, with his head down, is seen leaving the tunnel. One of the videos also shows Silva identifying himself by name and place of residence, upon exiting, while an unknown individual attempts to pour water on his eyes and face.
Case History
Silva pleaded Guilty to one charge: Civil Disorder. The other charges are dismissed. Sentenced on 9/17/2024 to 4 Months of incarceration; 24 months of supervised release; 120 days location monitoring; Special Assessment: $100; Restitution: $2,000; 60 hours of community service. Silva 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
Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.