MD Man Among 2 Sentenced For Red Powder Attacks On U.S. Constitution, Artwork

WASHINGTON, DC — A Maryland man was among two activists sentenced this week for their roles in red powder attacks on the U.S. Constitution at the National Archives and an exhibit at the National Gallery of Art.

Donald Zepeda, 35, of Maryland, and Jackson Green, 27, of Utah, were sentenced in U.S. District Court to 24 months and 18 months in prison, respectively, in connection with the incidents in Washington, D.C.

According to the U.S. Attorney's Office for the District of Columbia, Zepeda and Green were members of Declare Emergency, a group of activists that sought to raise awareness about climate change by committing various crimes, most of which took place in Washington, D.C.

In April 2023, nearly a year before the attack on the U.S. Constitution, Zepeda and other members of Declare Emergency orchestrated a series of incidents in the District that included blocking rush hour traffic on two occasions.

According to court documents, Zepeda also helped plan and participated in the April 27, 2023, attack on Edgar Degas’ "Little Dancer Aged Fourteen" exhibition at the National Gallery of Art. Zepeda filmed the incident as two group members smeared red and black paint on the case, base and floor surrounding the exhibit.

According to prosecutors, Zepeda purchased the paint used in the offense a week before the defacement and has also hosted training for people interested in participating in similar attacks.

On Nov. 14, 2023, Zepeda and Green went to the National Gallery of Art and approached Augustus Saint-Gauden’s "The Shaw 54th Regiment Memorial," which commemorates the efforts of Black Civil War soldiers.

According to court documents, Green then hand-painted “Honor Them” in red paint on the wall next to the mural. Zepeda and other members of Declare Emergency filmed Green’s actions.

On Feb. 6, Green surrendered to authorities and appeared before a judge, who ordered him to stay away from Washington, D.C. and all museums and public monuments. Despite agreeing to the judge's conditions, Green, accompanied by Zepeda, went to the National Archives a week later, where they stood in front of the U.S. Constitution and poured a fine red powder on the display and themselves.

Green and Zepeda were arrested at the scene, prosecutors said.

The cost of cleaning up after the stunt — which prosecutors said was intended to draw attention to climate change — exceeded $58,000. Additionally, the incident prompted authorities to close the Rotunda for four days.

Zepeda pleaded guilty in August to felony destruction in the U.S. Constitution incident. Green also pleaded guilty in August to one count of felony destruction of property for the red powder attack and one count of injury to a National Gallery of Art exhibit.

In addition to prison, Zepeda and Green were each ordered to serve 24 months of supervised release and must pay $58,600 in restitution. They must also complete community service, including cleaning up graffiti. A judge also ordered them to stay out of the District of Columbia and all museums nationwide.