'Bob's Burgers' actor Jay Johnston sentenced for role in Jan. 6 riots

A comedic actor who starred in the film Moderator and several TV series including Bob's Burgers And Captured development was sentenced to one year and one day in prison for his role in the attacks on the US Capitol on January 6, 2021.

After his arrest in June 2023, Jay Johnston pleaded guilty to obstructing officers during a disturbance. An actor who has appeared in several hit shows, Johnston was quickly identified among the hundreds of Donald Trump supporters who stormed the Capitol after the outgoing president gave an inflammatory speech at the nearby Ellipse.

According to prosecutors, on January 5, 2021, Johnston flew from Los Angeles to Washington, D.C. He admitted that during the attack he used a police riot shield he had stolen to create a wall in a tunnel and ward off approaching police officers. He also took part in an attack with other rioters in which a police officer was pushed against a door frame.

Prosecutors asked for a higher sentence for Johnston, telling the judge that despite his admission of guilt, he showed no remorse for his actions. As evidence, federal officials presented the court with images of the actor with “QAnon Shaman” Jacob Chansley, a fellow rioter who was sentenced to more than three years in prison in 2022. They requested an 18-month prison sentence for the actor.

“An 18-month sentence reflects the severity of Johnston’s conduct, including his spread of disinformation about January 6 and his lack of remorse for participating in the insurrection,” prosecutors wrote in their memorandum.

After being identified as a Capitol rioter, Johnston was fired Bob's Burgersfor which he played the title character's neighbor and restaurant competitor, Jimmy Pesto. Earlier in his career, Johnston was a writer and performer on HBO's irreverent comedy The Same Mr. Show with Bob and David and appeared on The Sarah Silverman Program. His lawyer told the court that he had been blacklisted by Hollywood since he was publicly identified as a participant in the attack on the Capitol.

Defense lawyer Stanley Woodward told the court that Johnston had been working as a handyman since his arrest. The actor's family was present at the sentencing to speak to his character. His younger brother asked the judge to weigh the career damage Johnston is already suffering as he considers his sentence. And his fiancée spoke about the actor's 13-year-old daughter, who she said was autistic and dependent on her father for support.

In addition to one year and one day in prison, Nichols sentenced Johnston to 40 hours of community service, to be completed within one year of his release. A $2,000 fine was also imposed as compensation for the architect of the Capitol.