Derek Gunby, pardoned J6 defendant

Former Staff Sergeant in the US Army with deployments to Iraq and Afghanistan. Supported U.S. and NATO forces with Secure Satellite Communications in Afghanistan for an additional 4 years as a civilian contractor.

Held a US Security Clearance for 14 years

• Went to DC on January 6, 2021, to join with other patriots expressing concern about the 2020 election

• Went to the speeches at the elliptical. Walked 2 miles to the capital in anticipation of more speeches. Saw families and groups of people singing and praying peacefully until some of the Capitol police shot tear gas /flash bangs into the crowd, agitating them and pushing them forward up the steps.

• Walked through the open door with police standing around. Looked around while taking video when the police began shooting tear gas and rubber bullets into the crowd in the building.

• Left after being in the building for less than 3 minutes

• Received a home visit from local FBI in February 2021 who asked questions but were not interested in seeing pictures of people suspected as Antifa. Agents seemed satisfied and left with no incident.

• Experienced a multi-agency counter terrorism task force pre-dawn swat raid on our home to arrest me on 8/10/2021 after handcuffing my mom and dad

• Took me to Anderson County Sheriff’s office where I was put in shackles, interviewed, and then transported to the federal building in Greenville South Carolina

• Federally arraigned and released on $20,000 personal recognizance bond

• Charged with standard 4 misdemeanors:

-Entering and Remaining in a Restricted Building or Grounds

-Disorderly and Disruptive Conduct in a Restricted Grounds

-Disorderly Conduct in a Capitol Building pm a

-Parading, Demonstrating, or Picketing in a Capitol Building

• The Public Defender tried to get me to take a plea, but I refused because I knew J6 was an entrapment operation from the start

• Was able to secure one of the few lawyers nationwide who was willing to fight for the truth and not coerce me to take a plea deal. John Pierce of John Pierce Law Firm. Roger Roots and Emily Lambert also worked on the team

• Just days prior to trial, a grand jury was convened to add a felony charge (Obstruction of an official proceeding known as a 1512 c1 Whoever corruptly—(1)alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2)otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both. This was a retaliatory prosecution for refusal to accept plea deal.

• One of about 300 who refused a plea deal and asked for a jury trial.

• Jury trial occurred October 31, 2023

• 3 days for jury selection - the jury pool included government workers, journalists, and DOJ/Government contractors living within the 10 square miles of DC whose news sources were Wall Street Journal and NPR and other liberal sources

• Discovered 4 potential jurors in the Washington, D.C. jury pool sat on the jury a week prior in another J6 case in which that defendant was found guilty on all charges. A fifth person was on a J6 jury a year prior.

• Prosecutors argued in favor of seating these recycled jurors, in addition to arguing to seat jurors who had stated to the court that they could not be impartial in a J6 trial.

• FBI agent who led the raid on our home was also a Deputy Sheriff in Spartanburg County, SC, and was a part of the jury selection process, assisting the prosecution and testifying for them as well.

• Ultimately found guilty on all 5 counts after 2 days of deliberation.

 Sentencing was set in DC on March 1, 2023

• Court motions were successful to delay sentencing pending the Supreme Court decision on the Fischer vs USA regarding the legality of the 1512 felony charge which was based on an accounting reform law from 2002 in the wake of the famous Enron case. It was only meant to apply to the corrupt obstruction or impediment of documents in an official proceeding. Federal prosecutors used it to charge over 330 people who were involved in J6, including President Trump.

• July 1,2024, the Supreme Court sent the case back to the lower courts requiring prosecutors to show that a defendant tampered (or attempted to tamper) with physical evidence for use in an official proceeding.

• August 2024, the government filed a motion to dismiss the 1512 count and requested no delay in a new sentencing date.

• Judge set a new sentencing date for December 17, 2024

• Requested a Zoom sentencing hearing which was denied by the prosecution.

• The sentencing took place in the federal court of Washington DC on December 17, 2024, at 10 am. What should have taken 30 minutes at the most, was dragged out to 2 1/2 hours. The prosecution basically tried to re-litigate the case, saying that with my military experience, I should have known better, and that I went to DC that day with the intent of violence. He tied to argue that I have shown no remorse for my “actions”. I can only assume that my “action” was going into the building through an open door, recording and documenting what was going on with no violence or destruction on my part, and getting out in less than three minutes.

• The prosecutor also tried to hold the felony over my head even though the Supreme Court struck it down and it was removed from my charges. He asked the judge to sentence me to 12 months of incarceration. He also brought up how they had searched for fundraisers and that I had a GiveSendGo that had raised $6000 but has now been taken down. He didn’t mention that it was one family member who had started it with that amount and that fundraising so far has been extremely difficult. He also noted that I was found guilty by a jury of my peers, which is laughable. They certainly were not my peers. The prosecutor seemed desperate but arrogant.

• My lawyer argued that there was no evidence of violence and no history of criminal activity. He emphasized that I have remorse for anyone injured or killed that day and that I neither advocated nor wanted that to happen. He stated facts of similar cases with only the 4 misdemeanors where the sentence most of the time was probation or house arrest and requested no more than that for me

• I was sentenced to 60 days in prison on one count and 60 days on another count to be served concurrently, fined over $2000, 60 days of community service, and 12 months’ probation after serving time. He said I would receive a letter from the Bureau of Prisons in a few weeks as to where and when to report. I was forbidden to set foot in DC during my sentence.

• I was awaiting a letter from the bureau of prisons when the pardon came through on January 20, 2025

• I am extremely relieved to have this pardon, but this is just the beginning. I will expect to receive full exoneration and to see justice handed out to those who have been a part of the real attack upon We the People

We are still in DC. Both sides have rested their cases and the jury is in deliberation. We are praying they are able to see through the deception and manipulation of the government prosecution but are prepared for any results. Our hope is in the Righteous Judge. 

Derek’s judge in this case has been fair and just. We are praying the jury will be as well

Derek’s lawyers have worked tirelessly at great personal cost and believe in the Constitution and his rights. 

Please help us pay them for their heroic labors. Many lawyers will not work for their clients like those Pierce Law Firm. They are unsung heroes. 

Any donations are greatly appreciated.