FRESNO, Calif. — Benjamin Martin, 46, of Madera, was sentenced today to three years and two months in prison today for illegally possessing several firearms and ammunition, U.S. Attorney Phillip A. Talbert announced today.
Martin was convicted of the firearms charges following a one-day trial in Fresno. According to evidence presented at the trial and other court records, in September 2021, the FBI executed a search warrant at Martin’s residence in Madera and arrested him on charges filed by the United States Attorney’s Office for the District of Columbia for the breach of the United States Capitol that occurred on Jan. 6, 2021.
During the search, the FBI found eight firearms, including an AR‑15‑style 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 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 current 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 received an enhancement to his sentence for this witness tampering.
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. He kept the door open so that other rioters could spray chemical irritants and throw objects at the officers. Martin was convicted on five counts.
This case was the product of an investigation by the FBI. Assistant U.S. Attorneys Joseph Barton, Robert Veneman-Hughes, and Michael Tierney prosecuted the case.
Martin is scheduled to be sentenced in the Capitol breach case in Washington, D.C., on Dec. 20, 2024, by U.S. District Judge Rudolph Contreras.
Martin faces additional imprisonment and fines in that case. The actual sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
