WASHINGTON – On Tuesday, a split federal appeals court upheld a trespassing conviction for a defendant involved in the Capitol riot on January 6, 2021, reinforcing a charge linked to nearly 300 sentences to date.

Couy Griffin, who was serving as a county commissioner in New Mexico at that time, was found guilty of trespassing after he reached the inaugural stage on the Capitol’s west side, an area that was restricted. He received a sentence of 14 days in jail along with one year of supervised probation.

In his appeal, Griffin claimed he was unaware that a Secret Service protectee—Vice President Mike Pence—was inside the Capitol during his visit, arguing this was a necessary element under the law.

However, a three-judge panel from the D.C. Circuit Court of Appeals ruled 2-1 that the signs indicating the restricted access were sufficient to inform Griffin that the area was off-limits while Congress was counting Electoral College votes.

“Neither the language nor the context of the law backs” Griffin’s interpretation, wrote Judge Cornelia Pillard, supported by Judge Judith Rogers. “It would imply that Secret Service agents must ensure that every individual encroaching upon a temporary security area is aware that a protected individual is or is expected to be present.”

Judge Gregory Katsas, however, voiced a different opinion. He suggested that there was some indication in the case that Griffin did not know Pence was still inside when he arrived, which might warrant sending the case back to the District Court for more consideration.

“In my opinion, the wording, history, and fundamental interpretive principles all suggest a clear direction: For one to be convicted of knowingly entering a ‘restricted building or grounds,’ the defendant must be aware that the area meets the statutory definition of this term,” Katsas stated.

This ruling reinforces a law frequently applied to defendants involved in the January 6 incident. At least 279 individuals have faced sentences stemming from trespassing charges.

Griffin was an elected Republican commissioner when he participated in the events at the Capitol as a member of “Cowboys for Trump.” Evidence presented during the trial indicated that Griffin attended Trump’s “Stop the Steal” rally near the White House prior to making his way to the Capitol.

At 2:31 p.m. — as Capitol police worked to evacuate the House and Senate chambers — Griffin used a parked bicycle to propel himself over a five-foot stone wall onto the Capitol grounds. He landed on area fencing that officers had set up to block access.

Griffin also recorded himself as he approached the Capitol, stating at an emergency stairwell door at the base of the inaugural platform that he intended to “wait until they get this door broken down.” He then ascended the stairs to the inaugural stage, where he remarked on the odor of pepper spray used by law enforcement to disperse the crowd, saying he “loves the smell of napalm in the air.” Griffin remained on the stage until at least 4:48 p.m.