Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 40
- Location
- Miami, Florida
- Charges
- Civil Disorder; 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 the Capitol Buildings
- Case status
- Pleaded not guilty; Convicted; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
Federal prosecutors allege that Gabriel Garcia joined the storming of the Capitol and posted videos of himself on Facebook Live getting into an “aggressive confrontation” with police officers inside the Capitol. Video shows Garcia yelling, “You f***ing traitors” at Capitol Police, prosecutors allege, and saying, “Storm this s***!” to the growing mob. At one point in the video, he says, “Free Enrique,” which prosecutors say is a reference to Henry “Enrique” Tarrio, a leader of the right-wing extremist group the Proud Boys. (Two days before the Capitol insurrection, Tarrio was arrested in Washington, D.C., for allegedly burning a church’s Black Lives Matter banner, as well as allegedly carrying high-capacity ammunition magazines, which is illegal in D.C.) A spokesperson from the U.S. Army confirmed that Garcia served as an air defense artillery officer in the U.S. Army, Florida Army National Guard and U.S. Army Reserve from February 2002 to March 2017. He deployed to Iraq from August 2009 to July 2010.
Case History
Garcia pleaded Not Guilty to all charges. In a Stipulated Bench Trial on 11/20/2023 he was found Guilty on two counts: Civil Disorder; Obstruction of an Official Proceeding. The government dismissed the Obstruction conviction. Sentenced on 12/6/2024 to 12 months incarceration; 24 months of supervised release; $2,000 in restitution; $100 Special Assessment. Garcia 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.