A federal judge sentenced Norfolk resident Kene Brian Lazo to 45 days in jail Thursday after he pleaded guilty to one charge related to his role in the Jan. 6 riot at the U.S. Capitol.
Lazo spent about 19 minutes in the Capitol, according to the statement of offense filed in federal court. Lazo entered the Capitol at 2:34 p.m., about 14 minutes after the members of the House and Senate, including then-Vice President Mike Pence, were evacuated from the Senate Chamber.
Lazo was one of the first rioters to enter from the Upper West Terrace doors, which had been breached about one minute prior to him going inside, according to prosecutor’s sentencing memo. The memo also notes that Lazo “did not personally engage in violence or property destruction” but he told someone on social media that he was bringing a baton and pepper spray.
Once inside, Lazo walked through the Rotunda and other areas, and briefly entered the Senate Gallery near where the election certification proceedings had been held. He was wearing a black helmet, orange goggles and an American flag as a cape, court documents said. He joined in the chants of “Our house!” as he walked through the building.
He carried with him a traditional Filipino broom called a “walis tambo” to which he attached a disk resembling Captain America’s shield with various slogans painted on it including, “FALSE MEDIA = COUP” and “PANDEMIC HOAX = COUP.” In Facebook posts, investigators believe were made by Lazo, he celebrated having “swept the floor literally” with the broom.
He was arrested on May 28, 2021, on a tip from someone who had recognized the Rodbustars, LLC logo on Lazo’s helmet in Facebook post by user “Fam Council.” Lazo and his wife are listed in public documents as owners of Rodbustars, and the FBI used location data for a phone number associated with the company to determine it was being used inside the Capitol, according to the warrant for Lazo’s arrest.
That phone number also was associated with the “Fam Council” Facebook account.
Lazo expressed belief in the false narrative that the 2020 election was stolen from former President Donald Trump, saying in a Facebook post on Jan. 7 that “they still stole it even tho there cheating.”
Lazo’s defense attorney argued he was manipulated by Trump to believe numerous falsehoods including that Trump had won the election and Pence had the power to overturn the results.
“Mr. Lazo believed every word,” wrote A.J. Kramer, Lazo’s federal public defender.
Kramer added that Lazo regrets going to the Capitol and “lending his voice to a falsehood about a fraudulent election.”
In the days after the riot, Lazo deleted his primary Facebook account and told investigators he disposed of his clothing and additional gear he wore shortly after returning from Washington. His wife told investigators that she told Lazo to dispose of everything he had with him that day, including his phone, after learning he went inside the Capitol.
While he was under pretrial supervision, Lazo was charged and convicted of domestic violence, court documents show.
Lazo was charged with knowingly entering or remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct on Capitol grounds or in a Capitol building, and parading, demonstrating or picketing in a Capitol building.
He initially pleaded not guilty to all four charges before accepting a deal in which he agreed to plead guilty to the latter charge, which carried a maximum sentence of six months in prison and a fine of up to $5,000.
In addition to his 45-day jail sentence, U.S. District Judge Christopher R. Cooper ordered Lazo to pay restitution of $500.
Prosecutors sought a 90-day sentence for Lazo with an additional 36 months of probation and 60 hours of community service. The defense argued he should receive a lighter sentence because, among other factors, he did not breach the building, only entering behind someone who propped the door open. His defense attorney said he did not encourage violence, did not search through sensitive documents, did not make incendiary posts on social media and cooperated with law enforcement.
Lazo is one of at least 12 residents from Hampton Roads and the surrounding areas who have been charged in connection to the Jan. 6 uprising.
Gavin Stone, gavin.stone@virginiamedia.com
