Premium Only Content
Give Send Go Campaign for Erik Herrera’s January 6 Case
•Social media: @Photoswitherik
•To donate to Erik’s Give Send Go fundraiser go to:
https://www.givesendgo.com/ErikJ6fundraiser
•Erik Herrera is a photographer born and raised in San Diego, California, to Mexican immigrant parents. His work primarily focuses on Southern California, encompassing a wide range of assignments from documenting political rallies, protests, and political conventions to capturing the vibrant culture of lowrider car cruises and the intricate dynamics along the San Diego and Tijuana international border.
On the night of January 5th, Erik embarked on a self-funded journey to Washington D.C. His aim was to document the historic transfer of the U.S. presidency from Donald J. Trump to Joe Biden, capturing any noteworthy subjects on January 6th, 2021. However, he found himself unexpectedly thrust into the chaos that erupted on the grounds of the U.S. Capitol Building. Anticipating potential danger, Erik equipped himself with a gas mask and plate carrier vest, drawing from past experiences of violence at protests in Southern California.
Amidst the turmoil on the Capitol grounds, Erik sought refuge next to a fire escape on the building. Taking a moment to compose himself amidst tear gas and clashes between protestors and Capitol Police, he was unaware the fire escape door was opened from the inside, allowing him to follow the crowd of protestors inside. However, once inside the Capitol Building, Erik made a regrettable and impulsive decision to smoke marijuana and consume whiskey. While he remained non-violent and refrained from property damage or theft, he found himself facing serious legal repercussions.
Erik's actions led to his conviction on five counts, including a felony charge under 18 U.S.C. SS 1512(C)(2) for obstruction of an official proceeding. On January 16th, 2023, he was sentenced to four years in federal prison, beginning his term on March 10th, 2023. After over a year behind bars, a motion for his immediate release pending appeal was granted on April 18th, 2024. Despite his non-violent behavior and lack of involvement in property damage or theft, Erik was unanimously found guilty by a D.C. jury on five counts, including one felony and four misdemeanors.
List of charges:
18 USC 1512(C)(2), (2): Obstruction of an Official Proceeding and Aiding and Abetting
18 USC 1752(a)(1): Entering and Remaining in a Restricted Building or Grounds
18 USC 1752(a)(2): Disorderly and Disruptive Conduct in a Restricted Building or Grounds
40 USC 5104(e)(2)(D): Disorderly Conduct in a Capitol Building
40 USC 5104 (e)(2)(G): Parading, Demonstrating, or Picketing in a Capitol Building.
Now on federal probation, Erik is focused on rebuilding his life and reconnecting with his family and loved ones. However, his time in prison has placed a significant financial strain on both him and his family. Despite having no prior criminal history, Erik now faces the challenge of navigating life as a convicted felon. Undeterred by these obstacles, he remains resolute in his determination to revive his career as a photographer and reintegrate into society.
Erik and his family are seeking assistance during this challenging period, aiming to alleviate the financial burden and enable Erik to acquire the necessary photographic equipment to resume his passion and re-enter the work field. The Herrera family expresses deep gratitude in advance to all who contribute to and share Erik's GiveSendGo campaign.
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