Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 40
- Location
- Anderson, South Carolina
- 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; Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded not guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
A day before the riot at the U.S. Capitol, Derek Gunby reportedly posted a photo of himself in a car on Facebook with the caption “Halfway to The Capital.” Later that day, having arrived in Washington, D.C., he took a picture of several bags of bricks, placed by law enforcement, with the caption: “Cops in leftist-controlled areas of the US seem to assist with this type of thing for leftist terrorism. We’re ready. We know you, we know what you are and what you bring to play with. We‘re also smarter and are willing to die for our belief whereas you are not," according to court documents. On Jan. 6, 2021, Gunby also allegedly livestreamed himself riding on the D.C. Metro with another individual heading to then-President Donald Trump's rally. In the video, he is reportedly heard saying: “Your congressional leaders are not afraid of you. …They’re more afraid of left-wing media. And they are more afraid of antifa and Black Lives Matter than they are of the American patriot, the American conservative, the American libertarian.” According to court documents, FBI agents interviewed Gunby, who said he entered the Capitol following the rally and walked around the building with a large group of people and recorded on his cellphone. Gunby served in the U.S. Army as a Satellite Communication Systems Operator from 2002 to 2008 and served in the Army Reserve from 2009 to 2012. He deployed to Iraq in 2004 until 2005 and Afghanistan from 2007 to 2008, the Army confirmed.
Case History
Gunby pleaded Not Guilty to all charges. Jury Trial on 11/13/2023 found him Guilty on all charges. On 8/28/2024, the Court dismisses the Obstruction conviction. Sentenced on 12/17/2024 to 60 Days of Incarceration; Supervised Release: 12 Months; Special Assessment: $70; Restitution: $500; Fine $1,500. Gunby 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.