FRESNO - Following a one-day trial in Fresno, Benjamin Martin, 46, of Madera, was convicted today of illegally possessing firearms and ammunition, U.S. Attorney Phillip A. Talbert announced.
According to evidence presented at trial and other court records, in September 2021, the FBI executed a search warrant at Martin’s residence in Madera, where he maintained a real estate business, and arrested him on charges filed by the U.S. Attorney’s Office for the District of Columbia for the breach of the U.S. Capitol that occurred on Jan. 6, 2021.
During the search, the FBI found that he possessed several firearms, including a Benelli 12-gauge shotgun, a Kimber 1911 pistol, an AR-15-style assault rifle, multiple high-capacity magazines for the AR-15, and more than 500 rounds of ammunition. Martin was prohibited from possessing these items because of his prior 2017 domestic violence conviction and resulting restraining order for choking his then-girlfriend and dragging her back into the house after she tried to flee.
Shortly after his arrest, Martin was caught on a recorded jail call where he instructed his then-fiancée to lie to authorities and tell them that the firearms seized from his residence belonged to her and her father and that he did not know about them. She agreed to do so.
Martin also recently went to trial in the Capitol breach case in Washington, D.C., where the evidence showed that he held a door to the Capitol open while officers tried to close it. According to court documents and evidence presented during the trial, on Jan. 6, 2021, Martin attended the former President’s rally on the National Mall and afterward walked toward the U.S. Capitol building, where he saw a large crowd covering a set of stairs, with some people scaling the walls of the building.
At some point, one of the doors was briefly opened from the inside as a rioter exited the building. Martin then reached past the officers in front of the door, grabbed it, and entered the building over the sound of an alarm. Other rioters flooded in behind him.
Once inside, a larger group of officers pushed Martin and other rioters back out the door. However, Martin and the other rioters remained in the doorway. Rioters near Martin began to tackle, shove, spray, and hurl objects at the officers as Martin held one of the double doors open. The officers attempted to retreat into the Capitol building away from the onslaught and pull the door shut behind them, but Martin continued to open it. One officer tried to get Martin’s hand off the door, striking it with a baton, but Martin did not relent. The officer continued to swing his baton at Martin’s hand, but Martin evaded the baton and grabbed the door elsewhere as another rioter sprayed the officer with a chemical irritant.
The officer next grabbed the door and attempted to close it, but Martin again grabbed it and tried to keep it open. Ultimately, with help from other officers, the door was shut and locked. However, minutes later, Martin pulled one of the doors back open. Several officers came through the door, deploying chemical spray and pepper bullets to disburse the crowd. Still, Martin remained in the area for over an hour as rioters attempted to reenter the building, telling officers that “we are going to rise against an oppressive government” and admonishing them to “Walk away from [their] posts.” Martin eventually left the area as more officers arrived. Martin was convicted on all counts, which included two felonies for civil disorder and obstructing an official proceeding.
Martin received some notoriety in the press during the 2020 pandemic as the leader of a group opposed to local and state mask mandates that had been put in place to prevent the spread of the COVID-19 virus. Martin and his group of protesters challenged the mask requirement in local grocery stores. After a conversation with Fresno Mayor Jerry Dyer, Martin called the mayor a moron. Phoenix-based Sprouts Farmers Markets was granted a temporary restraining order, preventing Martin from coming within 100 yards of the store.
Martin is scheduled to be sentenced in the firearms case in Fresno on Nov. 25, 2024, by U.S. District Judge Jennifer L. Thurston. Martin faces up to 15 years in prison and a 250,000 fine for that case. He is scheduled to be sentenced in the Capitol breach case in Washington, D.C., on Nov. 15, 2024, by U.S. District Judge Rudolph Contreras. He faces additional imprisonment and fines in that case.
However, the actual sentences will be determined at the court's discretion after considering any applicable statutory factors and the Federal Sentencing Guidelines, which consider several variables.
