Madera man convicted in Jan. 6 Capitol breach is convicted again, for gun possession
Nearly three months after being convicted for his actions during the assault on the U.S. Capitol on Jan. 6, 2021, Benjamin Martin was back in federal court in Fresno this month — this time facing charges of illegally possessing guns and ammunition.
The 46-year-old Madera man was convicted of those charges Tuesday, according to a statement from U.S. Attorney Phillip A. Talbert.
The gun charges came following a search warrant executed by the FBI at Martin’s home in September 2021. Agents were searching the home in connection with Martin’s alleged role in the U.S. Capitol breach on Jan. 6 and found eight guns, including a Benelli 12-gauge shotgun, a Kimber 1911 pistol and an AR-15 style assault rifle. He was also in possession of multiple high-capacity magazines and more than 500 rounds of ammunition, court records show.
Martin was not allowed to possess any firearms or ammunition due to a prior domestic violence conviction and resulting restraining order, the U.S. Attorney’s office said.
The firearms were found in a locked safe inside the garage of the home that Martin was sharing with his fiancée, his two children and another child, according to the criminal complaint filed at the time. Shortly after his arrest, Martin was caught on a recorded jail call instructing his then fiancée to lie to authorities and say the weapons belong to her father. She agreed to do so.
Anti-mask protester
During the pandemic, Martin became a leader of a group of people opposed to local and state mask mandates that had been put in place to prevent the spread of the COVID-19 virus. Martin and other protesters visited local stores to challenge the mask requirement, arguing the mandates violated constitutional rights. At one point, Martin called Fresno Mayor Jerry Dyer a “moron” after a sit-down with the mayor and then-Police Chief Paco Balderrama.
The Phoenix-based Sprouts Farmers Markets was issued a temporary restraining order, preventing Martin from being within 100 yards of the store.
Jan. 6 insurrection
In June, a jury found Martin guilty of civil disorder and obstruction of an official proceeding, along with several misdemeanors that arose during a scuffle with police after he and others forced their way into the Capitol on Jan. 6. Prosecutors shad argued Martin took part in the assault and even urged the mob to breach the Capitol doors, at one point telling officers “we are going to rise up against an oppressive government” and urging them to “walk away from (their) posts.”
Martin is scheduled to be sentenced on Nov. 15, though that could be affected by the Supreme Court’s recent ruling that obstructing an official proceeding should only be applied to destroying or attempting to destroy “records, documents, objects, or other things used in an official proceeding.”
Sentencing in the firearms case in scheduled for Nov. 25 in Fresno. Martin faces up to 15 years in prison and a $250,000 fine, the U.S. Attorney said.
