North Shore Brothers In Capitol Riot Deserve 14 Days Jail: Prosecutors

CHICAGO — Federal prosecutors said the North Shore brothers who pleaded guilty to misdemeanor charges in connection with the Jan. 6, 2021, breach of the U.S. Capitol building should each spend 14 days in prison.

In heavily redacted responses, attorneys for Christian Kulas, 25, and Mark Kulas Jr., 28, of Kenilworth, argued six months probation and community service would be appropriate to address their "unique circumstances."

The Kulases flew to Washington, D.C., the day before the "Stop the Steal" rally near the National Mall and stayed at the Trump International Hotel, Assistant U.S. Attorney Michael Friedman said in a sentencing memo.

After walking to the U.S. Capitol building with a large group of rioters and filming people scaling the walls, Christian Kulas posted videos of himself laughing and published it to social media, Friedman said.

About 13 minutes after the doors to the Senate wing were broken open by rioters, the two brothers headed in, according to the prosecutor. After watching as rioters spoke with law enforcement about 5 minutes later inside a hallway, they headed to the Capitol Rotunda with a large group of rioters.

Friedman said neither of them used force to participate in an effort to break open a door, and they walked away after the rioters succeeded in doing so, spending several minutes walking around the Statuary Hall, East Stairs and nearby hallways, the prosecutor said.

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After about 20 minutes in the Capitol building, the brothers briefly left and reentered the building, according to Friedman, but after they were informed someone had been shot, they left again moments later.

Prosecutors said the Kulases flew back to Illinois the next day. Investigators interviewed Mark Kulas Jr. on June 8, 2021 — the day his brother was arrested. According to Friedman, Mark Kulas told law enforcement the brothers had spent about 30 minutes walking around the Capitol building.

"[Mark Kulas Jr.] stated that he and Christian Kulas marched with the crowd towards the U.S. Capitol Building after the rally, and that he did not see barricades and did not hear police giving any orders," Friedman said.

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Mark Kulas Jr. was charged in November 2021, and the two brothers each pleaded guilty the following month to one count misdemeanor parading, demonstrating or picketing in a Capitol building. The offense carries a sentence of up to six months in jail and a fine of up to $5,000, according to their plea agreements.

Friedman said his recommendation that both brothers be sentenced to two weeks behind bars was informed by Christian Kulas' "serious and long-standing physical and mental health issues" and by Mark Kulas Jr.'s "significant and long-standing physical and mental health issues" described in a sealed pre-sentence report.

Defense attorney Rachel Cannon filed heavily redacted sentencing memorandums on behalf of both Kulas brothers, in which she calls for them to be sentenced of six months probation, plus community service.

Cannon notes that Christian Kulas attended Culver Military Academy in Culver, Indiana, and later transferred to Lake Forest High School, while Mark Kulas Jr. graduated from Trinity University.

According to Cannon, Mark Kulas Jr. had worked as a food runner at an Italian restaurant in Chicago and hoped to become a professional sommelier prior to the pandemic.

After teaching yoga in the northern suburbs in 2019, Christian Kulas traveled to an ashram in India.

"During his time in the ashram, he [redacted.] He also continued serving others, including by teaching yoga to poor children in an Indian orphanage," Cannon said, "and assisting an elderly woman harvest her sugar cane, milk her cows, and make cheese."

Cannon said Christian Kulas returned to the U.S. in March 2020 and remained there due to COVID-19.

"He spent 2020 helping out his family's cleaning business, which was badly affected by Covid, and developed an interest in local and national Republican politics. During 2020, Christian worked at 'The Coalition to Vote No on the Proposed Tax Hike Amendment,' a local Republican get-out-the-vote effort, and also volunteered for a couple of Republican state and federal congressional campaigns," his defense attorney said in his sentencing memo.

Cannon said the brothers never planned to enter the Capitol, only to listen to Trump's speech.

"Regrettably, Mark and Christian ultimately succumbed to the mob atmosphere on the Ellipse, where people were screaming, chanting, and moving en masse towards the Capitol," Cannon said, in Mark Kulas Jr.'s sentencing memo. "Instead of leaving the rally and returning to their hotel, Mark and Christian made the poor decision to walk with the crowd of thousands to the Capitol and parade inside for 24 minutes."

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In the portions of the memos left unredacted, Cannon said both brothers acknowledge their wrongdoing and regret taking part in the Jan. 6, 2021, riot. She also emphasized that they did not take part in any violence and that the family business had been damaged by their actions.

"Without meaning to minimize in any way Christian's actions or their wrongfulness, we hope the Court can understand how easy it was for such a [redacted] young man to be swept into a crowd of thousands that day," said Cannon, a former federal prosecutor and white-collar criminal defense attorney, in one memo.

"Without meaning to minimize in any way Mark’s actions or their wrongfulness," she said in the other, "we hope the Court can understand Mark’s susceptibility to following the crowd that day due to [redacted] as Mark, he felt excitement and a sense of belonging as the cheering crowd of thousands began making its way toward the Capitol."

Sentencing is scheduled for 11 a.m. Tuesday.

Related:

• North Shore Brothers Plead Guilty To Capitol Riot Charges
• Second Son Of Kulas Maids Owners Charged Over Jan. 6 Capitol Riot
• North Shore Man Posted Videos Of Himself During Capitol Riot