Ray Epps, the man caught multiple times telling January 6th protesters to escalate their demonstration and go "into the Capitol" on January 6th, 2021, will spend no time in prison for his role that day.

Instead, Epps has been given 12 months probation, $500 in restitution, and 100 hours of community service.

According to Epps' sentencing memorandum, Epps should have served 6 months in jail.

"Although Epps engaged in felonious conduct during the riot on January 6, his case includes a variety of distinctive and compelling mitigating factors, which led the government to exercise its prosecutorial discretion and offer Epps a pre-indictment misdemeanor plea resolution," wrote DOJ senior trial counsel Michael Gordon in the sentencing memo. 

Epps' attorney, Edward Ungvarsky, argued that Epps should serve no jail time, and that "right-wing political dramaturges" resulted in Epps being "attacked, defamed, and vilified."

According to the sentencing memorandum, Gordon asserted that Epps "has been the target of a false and widespread conspiracy theory that he was an undercover government agent on January 6."

Other mitigating factors included Epps calling the FBI on Jan. 8, 2021 to explain his actions two days prior. Further, Gordon listed his cooperation with both the FBI and the now-defunct House Jan. 6 Select Committee (which lost video evidence of their witness interviews), and what the DOJ describes as his efforts to de-escalate tensions between protesters and the police.