‘Worst decision of his life.’ Jan. 6 defendant from California seeks leniency at sentencing

SACRAMENTO, Calif. — Tommy Frederick Allan says he knows he’s going to prison, that after scaling the walls of the U.S. Capitol on Jan. 6, 2021, on a rope, stealing an American flag and some documents from the Senate chamber and later declaring on social media that it was the “best day ever” he faces some sort of punishment.

He just doesn’t think he deserves the two years in prison federal prosecutors are seeking.

“What I did on January 6th was wrong,” Allan wrote in a letter to the federal judge who is scheduled to sentence him next week in Washington, D.C. “I deserve to be punished.

“This exceptional nation requires justice be served. Equal justice under the law. I have spent the last two years accepting the reality that I am going to prison. … I know I am going to prison, but I want to be freed as soon as possible so that I continue to love and provide for my family, and contribute to my community. I find myself at your mercy. Your honor, I am humbly requesting mercy and compassion when considering my prison term.”

Allan’s plea to U.S. District Judge Colleen Kollar-Kotelly is contained in a series of court documents filed late Thursday seeking leniency for the 54-year-old Rocklin, California, resident and owner of a gym for toddlers.

The filings follow a sentencing memorandum filed last month by prosecutors that ask the judge for a two-year sentence for Allan, who pleaded guilty in August to a count of obstructing an official proceeding — the normally routine tally of Electoral College votes by Congress that certified President Joe Biden’s 2020 victory over Donald Trump.

Prosecutors say Allan initially was “clearly proud” of his actions but later burned the documents in his backyard, deleted his Facebook account and changed cellphones after returning from Washington.

But Allan’s assistant federal defender, Maria Jacob, portrays Allan’s actions that day in a much different light, writing in a 35-page sentencing memorandum that in the two years since the Capitol Riot he “has anguished every day over his actions that he is sincerely ashamed of.”

“Mr. Allan was never really engaged in politics until the former President Trump convinced him and millions of other constituents of his unique and drastic ‘America First’ policies that promised freedom and prosperity for people like Mr. Allan, ‘The forgotten man’ — who owned a small business,” Jacob wrote. “Based on this, Mr. Allan gradually became an avid supporter.

“When President Trump lost the 2020 election, he was also successful in convincing Mr. Allan not only that there was corruption and voter fraud but that the American citizens were responsible for doing something about it.”

That led Allan, an Army veteran, father and owner of a Roseville toddler gym, to travel to Washington for the “Stop the Steal” rally that preceded the insurrection at the Capitol.

He is one of four Sacramento-area defendants charged in the Jan. 6 insurrection. One, Valerie Elaine Ehrke or Arbuckle, pleaded guilty to a misdemeanor last year and received probation. Two others, Sean McHugh of Auburn and Jorge Riley of Sacramento, have cases pending. Only McHugh remains in custody pending trial.

Allan faces sentencing Thursday in Washington, and Jacob argued that he deserves leniency in part because he “was not part of any organized group, did not engage in any pre-planning, and was completely alone.”

“Despite some of his exaggerated Facebook posts that the government displays in its sentencing memorandum, Mr. Allan actually came to D.C. as a Trump fan — not wearing battle gear or carrying weapons — but simply wearing a winter Trump hat, blue jeans, and a hooded sweatshirt,” she wrote.

Jacob disputes prosecutors’ claims that Allan went to Washington hoping to meet up with the Proud Boys, despite a posting by Allan that he was “coming from California with other Patriots hoping to hook up with the Proud Boys.”

She also downplays prosecutors noting that on Jan. 6 Allan posted a photo of himself with a member of the anti-government Three Percenters group.

“When Mr. Allan, by chance, stumbled upon a couple Three Percenters on January 6, 2021, he did not realize who they were,” Jacob wrote. “In his mind, these individuals looked like Rangers and he was former infantry himself, which is why he commented that they were ‘his people.’

“The government points out that Mr. Allan was a member of a Facebook group called 3% of California but is unable to point to a single interaction with an actual Three Percenter on Facebook. That is because there was no relationship that actually existed.

“Mr. Allan joined the page on a whim but never communicated with them and certainly was not affiliated with the group. To join a Facebook group, all one has to do is press a button.”

As for climbing a rope to scale the Capitol walls, Allan simply was trying to get a better view of what was happening, Jacob wrote.

“As Mr. Allan approached the Capitol building, he observed (throngs) of people crowding the stairway on the capital grounds climbing ropes up the wall, which prompted him to post (they’re) ‘storming the Capitol, they’re literally storming the walls,’” she wrote. “As Mr. Allan stood on the northwest lawn, he was curious to see what was occurring on the Upper West Terrace above but his vision was obstructed by the retaining wall and the nearby wide staircase was clogged with (hordes) of people.

“Mr. Allan noticed that a rope was dangling from the nearby staircase wall and figured this was his only hope of viewing what was happening on the Upper West Terrace above. Mr. Allan climbed the rope and began to walk to the northwest courtyard; notably not seeing any police activity.”

Once there, Allan saw people walking into the Capitol through open doors and followed along, Jacob wrote.

“Mr. Allan now knows that the worst decision of his life was that instead of turning back, he followed the crowd,” she wrote. “It is important to note, however, that he did not experience any confrontations with police and was not met with resistance from law enforcement while on the grounds or when entering the building.”

Once inside, he saw that portions of an office had been ransacked, but he “did not approve of the actions of other rioters who had caused this damage,” she wrote.

“He did notice a flag close by in the hallway which had become ajar from its stand and he grabbed it,” she wrote, adding that he later handed it over to police.

Jacob said that when Allan entered the Senate chamber “he recognized the room from watching television previously” and that when he feared others there might cause damage he warned, “Not this room, this is the Senate.”

“As disturbing as Mr. Allan’s behavior was, he did not want to see the Senate Chambers damaged,” she wrote. “Unfortunately he did take some papers out of curiosity and he deeply regrets doing so.

“These papers were a calendar for that day and Mr. Allan later boasted to other rioters that he took it off Mitch McConnell’s desk, which was obviously not true. Mr. Allan was only in the Senate chamber for 5 minutes. At that time, he left immediately when officers instructed them to do so and surrendered the flag peacefully and followed officer commands.”

Jacob also disputes prosecutors’ claims that Allan never spoke to the FBI when agents showed up at his home after the riot and that he has shown no remorse.

“When the FBI arrived at his house, Mr. Allan was working on the lawn,” she wrote. “He spoke with them for 45 minutes, at times letting them know he would need a lawyer to answer certain questions. After 45 minutes, Mr. Allan told law enforcement he would prefer to have a lawyer present.”

Since then, Allan has made it clear he wanted to resolve the case without going to trial, Jacob wrote, adding that the government has failed to “take into account that remorse is not something that always happens immediately.”

“Remorse also becomes stronger over time — after the initial desire to defend yourself subsides and a period of reflection begins,” she wrote. “Mr. Allan’s remorse has been shown in many different ways, including the fact that he entered a guilty plea in this case, cooperated with the large amounts of responsibilities that come with being on pre-trial supervision, and sincerely expressed remorse to the court.

“Lastly, Mr. Allan distanced himself from his social media presence and is focused on his business and his family.”

As a result, she wrote, Allan is seeking a “significant downward variance” from the two-year sentence being sought by prosecutors, and she listed numerous other Jan. 6 defendants whose sentences were less severe.

“Mr. Allan also requests that a fine not be imposed in light of the fact that he has a $2,000 restitution obligation,” she added.