Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 24
- Location
- Frankfort, Kentucky
- Charges
- Entering and Remaining in a Restricted Building or Grounds; Disorderly and Disruptive Conduct in a Restricted Building or Grounds; Disorderly Conduct in a Capitol Building or Grounds; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
In early March, 2021, David Evan Smither admitted to federal agents that he had been inside the Capitol building on Jan. 6, 2021. According to court documents, Smither attended the Stop The Steal rally earlier in the day, and then followed the crowd over to the Capitol. Smither told agents that he saw protestors being tear-gassed by law enforcement officers as he made his way up the steps of the building, so he changed course and found a different way in. He eventually entered the building at 3:11 pm through a broken window into the Senate Wing Corridor, and exited the building approximately thirteen minutes later. He was arrested on Dec. 7, 2023.
Case History
Smither pleaded Guilty to two charges: Disorderly Conduct in a Capitol Building or Grounds; Parading, Demonstrating, or Picketing in a Capitol Building. The other charges are dismissed. Sentenced on 5/15/2024 to 12 months of probation; $20 Special Assessment; $725 Fine; $500 Restitution; 50 hours of community service. Smither 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.