Retired Cop Blames PTSD For His Attack On Capitol Police Officer

HUDSON VALLEY, NY —Thomas Webster, the retired police officer convicted in May of assaulting an officer during the U.S. Capitol riot, is to be sentenced Thursday. Now his lawyers have written a letter to the judge in an attempt to stave off what prosecutors are seeking: 17.5 years, the longest sentence so far, NBC News reported.

In it, they describe an evaluation by a psychiatrist who concluded that Webster had PTSD from 20 years as an NYPD officer, including a "violent struggle" with an armed robber in the Bronx who was trying to get his gun, NBC News reported.

Webster retired from the force in 2011. He served in the U.S. Marine Corps from 1985 to 1989 before joining the NYPD in 1991.

At his trial, Webster, 56, had testified that he was attending his first political protest as a civilian and expressing his free speech rights when he yelled at officers behind a row of bike racks. He was wearing a bulletproof vest and carrying a Marine Corps flag on a metal pole.

He accused Officer Noah Rathbun of instigating a confrontation.

Rathbun's body camera captured Webster shouting profanities and insults before they made any physical contact. The body camera video shows that Webster slammed one of the bike racks at Rathbun before the officer reached out with an open left hand and struck the right side of Webster's face. After Rathbun struck his face, Webster swung a metal flag pole at the officer in a downward chopping motion, striking a bike rack. Rathbun grabbed the broken pole from Webster, who charged at the officer, tackled him to the ground and grabbed his gas mask.

Webster said at trial that he was trying to protect himself from a "rogue cop" who punched him in the face. He also said he was only trying to show his hands so the officer would know he didn't have a gun.

The jury didn't see it his way. SEE: HV Resident, Retired Cop, Convicted Of Assault In Capitol Riot

According to the U.S. Attorney's office, in the 19 months since Jan. 6, 2021, more than 860 people have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 260 charged with assaulting or impeding law enforcement. The investigation remains ongoing, officials said.

The House of Representatives and the Senate were in the process of accepting Electoral College votes that would confirm former Vice President Joseph Biden had won the 2020 presidential election when the Capitol Building was stormed and breached and invaders began looking for Congressional leaders and Vice President Mike Pence.

Several from the Hudson Valley are among the accused. SEE: Proud Boys, Families, Angry Men Among NY's Accused Jan. 6 Rioters

Dutchess County resident Christopher Patrick Moynihan, convicted Aug. 23, was captured on video rifling through desks on the floor of the Senate during the insurrection. He is scheduled to be sentenced Dec. 20. He faces a statutory maximum of 20 years in prison on the obstruction charge and a total statutory maximum of 3-1/2 additional years on the misdemeanor charges. SEE: Hudson Valley Man Found Guilty In Jan. 6 Capitol Riot