Record at a Glance
- Category
- Jan 6th
- Location
- San Diego, 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; Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded not guilty; Sentenced
- Presidential action
- Pardon
Case Summary
“I’m reclaiming Aztlan because I love America. Querer es poder! ... #chicanohistory #mexicanamerican,” Erik Herrera allegedly wrote on Instagram as a caption to a picture of him holding a large stack of papers inside one of the offices in the U.S. Capitol on Jan. 6, 2021. Aztlán is the ancestral home of the Aztec people. Querer es poder, translated from Spanish, means “where there’s a will, there’s a way.” The FBI identified Herrera after a tip and later obtained a federal search warrant for his social media accounts. In a personal message to another user, Herrera allegedly wrote he was in Washington, D.C., “for both photojournalism and our people,” and stated his dissatisfaction with the election results. Additionally, when asked on Instagram, “What was going through your mind while holding what appeared to be a stack of government documents?” he allegedly responded: “I wasn’t thinking much, I just wanted a goofy ‘f*** you’ picture.” According to the FBI, Herrera later admitted on social media that the “press patch” he wore was purchased online and was not issued by a media organization. “I don’t have a monopoly on press badges. They’re on Amazon for like $8 … No special permission to buy.”
Case History
Herrera pleaded Not Guilty to all charges. A jury trial held 8/15/2022-8/19/2022 found him Guilty on all charges. Sentenced on 1/13/2023 to 4 years incarceration; three years of supervised release, $2,000 restitution, a fine of $1,000, and a special assessment of $170. On 11/20/2024, the USCA orders the Obstruction conviction be vacated and a resentencing be held. On 1/22/2025, the court vacated the resentencing hearing. Herrera 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.