Actor Jay Johnston arrested on Capitol riot charges

ENTERTAINMENT

Actor Jay Johnston, known for 'Bob's Burgers' character, arrested on Capitol riot charges

Michael Kunzelman

Published Wednesday, June 7, 2023 9:16PM EDT Last Updated Wednesday, June 7, 2023 9:52PM EDT

This image from Washington Metropolitan Police Department body-worn video, released and annotated by the Justice Department in the statement of facts supporting an arrest warrant for Jay James Johnston, shows Johnston, circled in yellow, at the U.S. Capitol on Jan. 6, 2021, in Washington. Johnston, the actor known for his roles on the comedy television shows "Bob's Burgers" and "Mr. Show with Bob and David," has been arrested on charges that he joined a mob of Donald Trump supporters in confronting police officers during the U.S. Capitol riot. (Justice Department via AP)

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An actor known for his roles on the comedy television shows 鈥淏ob's Burgers鈥� and 鈥淢r. Show with Bob and David鈥� was arrested Wednesday on charges that he joined a mob of Donald Trump supporters in confronting police officers during the U.S. Capitol riot, court records show.

Jay Johnston, 54, of Los Angeles, was arrested there on charges including civil disorder, a felony. A federal magistrate judge agreed to free Johnston on $25,000 bond after his initial court appearance in California. A public defender who represented him at the hearing declined to comment.

Video footage captured Johnston pushing against police and helping rioters who attacked officers guarding an entrance to the Capitol in a tunnel on the Lower West Terrace, according to an FBI agent's affidavit. Johnston held a stolen police shield over his head and passed it to other rioters during the attack on Jan. 6, 2021, the affidavit says.

Johnston 鈥渨as close to the entrance to the tunnel, turned back and signaled for other rioters to come towards the entrance,鈥� the agent wrote.

Johnston was the voice of the character Jimmy Pesto on Fox's 鈥淏ob's Burgers.鈥� The Daily Beast reported in December 2021 that Johnston was 鈥渂anned鈥� from the animated show after the Jan. 6 attack.

Johnston appeared on 鈥淢r. Show with Bob and David,鈥� an HBO sketch comedy series that starred Bob Odenkirk and David Cross. His credits also include small parts on the television show 鈥淎rrested Development鈥� and in the movie 鈥淎nchorman,鈥� starring Will Ferrell.

United Airlines records show Johnston booked a round-trip flight from Los Angeles to Washington, D.C., departing on Jan. 4, 2021, and returning a day after the riot, according to the FBI. Thousands of people stormed the Capitol on Jan. 6 after attending then-President Donald Trump's 鈥淪top the Steal鈥� rally.

While the mob attacked police in the tunnel with pepper spray and other weapons, Johnston helped other rioters near the tunnel pour water on their faces and then joined in pushing against the line of officers, the FBI says.

鈥淭he rioters coordinated the timing of the pushes by yelling 'Heave! Ho!鈥�' the affidavit says.

Three current or former associates of Johnston identified him as a riot suspect from photos that the FBI published online, according to the agent. The FBI said one of those associates provided investigators with a text message in which Johnston acknowledged being at the Capitol on Jan. 6.

鈥淭he news has presented it as an attack. It actually wasn't. Thought it kind of turned into that. It was a mess. Got maced and tear gassed and I found it quite untastic,鈥� Johnston wrote, according to the FBI.

More than 1,000 people have been charged with federal crimes for their conduct at the Capitol on a Jan. 6. More than 500 of them have been sentenced, with over half getting terms of imprisonment ranging from seven days to 18 years, according to an Associated Press review of court records.

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Associated Press journalist Krysta Fauria in Los Angeles contributed to this report.