DOJ Seeks 4-Year Prison Sentence For Hawaii Proud Boys Founder
Nicholas Ochs claimed he was a journalist when he breached the U.S. Capitol on Jan. 6 with a mob of pro-Trump supporters. Prosecutors say he was a high-ranking official within the extremist organization who promoted violence.
WASHINGTON 鈥 Federal prosecutors have asked a judge in Washington, D.C., to sentence Nicholas Ochs, the founder of the Hawaii chapter of the Proud Boys, to 51 months in prison for his part in the Jan. 6, 2021, riot at the U.S. Capitol.
Ochs, 36, pleaded guilty in September to one count of obstruction of an official proceeding for his part in trying to delay the certification of the 2020 presidential election won by Joe Biden.
According to the U.S. Justice Department, Ochs and a co-defendant, Nicholas DeCarlo, 32, of Fort Worth, Texas, marched on the Capitol with other supporters of former President Donald Trump to protest the election results.
The duo overran police barricades, threw smoke bombs at officers, lit up cigarettes in the Capitol rotunda and posed together for photos in front of a door scrawled with the words, 鈥淢urder the Media,鈥 which was the name of their right-wing social media platform.
鈥淭hese were no teenage pranks,鈥 Assistant U.S. Attorney Alexis Loeb wrote in filed Friday in federal court. 鈥淥chs鈥 conduct targeted the police and Congress 鈥 and like the conduct of every rioter that day, threatened democracy itself.
鈥淏y attempting to inject humor and a carnival atmosphere into the breach (a breach that had staffers hiding under desks and officers fearing for their lives), Ochs created an environment that downplayed the threat, normalized violence, and encouraged the rampant lawlessness that unfolded at the Capitol.鈥
Ochs and DeCarlo are expected to file their responses to the government鈥檚 sentencing request on Tuesday.
Prosecutors have asked that DeCarlo, who has ties to the Proud Boys, serve 48 months in prison for his part in the riot.
Ochs is a former Marine who attended college at the University of Hawaii. In 2020, he ran for the state House of Representatives as a Republican and lost badly in the general election after winning the primary.
He has said he was working as a journalist when the pro-Trump mob attacked the Capitol building, but prosecutors have presented reams of evidence to undercut that defense and highlight what they鈥檝e described as a coordinated campaign by the Proud Boys to undermine Congress鈥 counting of electoral college votes.
The DOJ sentencing memo describes Ochs as a 鈥淧roud Boys Elder,鈥 meaning he鈥檚 among the highest ranking members in the extremist organization.
Leading up to the Jan. 6 attack, prosecutors say, Ochs was part of several group chats on encrypted messaging applications, including one dubbed the 鈥淥fficial Presidents鈥 Chat鈥 and another named 鈥淪kull and Bones,鈥 where he communicated directly with Proud Boys leaders Enrique Tarrio and Ethan Nordean. Tarrio and Nordean聽were charged with seditious conspiracy for their roles in the attempted insurrection.
According to the DOJ, the messages show just how intimately involved Ochs was in the planning that took place ahead of Jan. 6. The messages offer a glimpse into what prosecutors say was Ochs鈥 willingness to encourage and use violence.
On Nov. 7, 2020, for instance, Tarrio lamented Biden鈥檚 victory in one of the group chats.
鈥淒ark times if it isn鈥檛 reversed 鈥 and if it鈥檚 reversed 鈥 civil war,鈥 he said.
Another Proud Boy responded, 鈥淚t鈥檚 civil war either way.鈥
Ochs initially disagreed. He said his faith was in the U.S. Supreme Court, which was loaded with conservatives, including three Trump nominees, to overturn the results of the election. He encouraged patience, noting that it took the high court more than a month to resolve the electoral dispute between Al Gore and George W. Bush in 2000.
鈥淚鈥檓 pro violence but don鈥檛 blow your load too soon,鈥 Ochs said. 鈥淣ot to be an anti-murder buzzkill but I really think this ISN鈥橳 fucked. Once it is, let鈥檚 go wild.鈥
The Supreme Court was the best chance for overturning the election, he said. Violence would likely fail, at least in the moment.
鈥淚鈥檒l still chimp out if I鈥檓 wrong about the Supreme Court tho 鈥 we just have to TIME IT RIGHT and DO IT SMART,鈥 he said.
Loeb鈥檚 sentencing memo states that Ochs was a key contributor to another chat called the 鈥淢inistry of Self Defense鈥 that was created in the days preceding the Jan. 6 attack. It was there that news broke of for burning a 鈥淏lack Lives Matter鈥 banner that had been stolen from a church.
Ochs, who was traveling from Honolulu to Washington at the time, messaged Nordean.
鈥淚 guess we鈥檙e senior leadership in DC till Enrique is sprung,鈥 he said.
Read the DOJ鈥檚 sentencing memorandums here:
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Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.