Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 34
- Location
- Van Nuys, California
- Charges
- Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon (2 counts)
- Case status
- Pleaded guilty; Sentenced
- Presidential action
- Pardon
Case Summary
David Dempsey came to the attention of federal investigators through public tips from the Sedition Hunters -- people researching the Jan. 6, 2021, attack on the U.S. Capitol. On the day of the Capitol riot, federal prosecutors allege, Dempsey wore an American flag-themed neck gaiter as well as a combat-style helmet, camouflage pants and a tactical vest. In one video described in court documents, Dempsey stood in front of a gallows erected outside the Capitol and said that Democrats in Congress "need to hang from these motherf****** [pointing to gallows]," and that "Hopefully one day soon we really have someone hanging from one of these motherf******." During the riot, Dempsey allegedly used a lacrimal agent -- such as pepper spray -- as well as a crutch and a metal pole to attack police officers guarding the Capitol building. Dempsey was arrested in Santa Monica, Calif., in 2019 over allegedly using bear spray to attack anti-Trump protesters there. Dempsey pleaded no contest to a charge stemming from that incident. The Justice Department notes in its court filings that Dempsey can be seen in multiple photos from Jan. 6 wearing a black- and yellow-colored bracelet. Black and yellow are the colors associated with the far-right extremist group known as the Proud Boys. In one photo described in court documents, Dempsey made the OK sign while standing next to people wearing Proud Boys attire. The "OK" sign, which the Proud Boys frequently use, is often associated with supporters of white supremacy, according to the Anti-Defamation League. Dempsey was arrested on Aug. 26, 2021.
Case History
Dempsey pleaded Guilty to both charges. Sentenced on 8/9/2024 to 20 years incarceration; 36 months of supervised release; $2,000 in restitution; $200 special assessment. Dempsey 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.