Upstate man convicted of felony in Jan. 6 Capitol riot

ANDERSON, S.C. (FOX Carolina) - On Monday, an Upstate man was convicted of charges after his conduct during the breach at the U.S. Capitol to disrupt vote counting on Jan. 6, 2021.

A federal jury found 43-year-old Derek Cooper Gunby from Anderson guilty of obstruction of an official proceeding, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

Gunby drove from Anderson to Washington, D.C. on Jan. 6 to attend the “Stop the Steal” rally. He posted pictures of himself in military fatigues and an American flag bandana around his neck on social media with the caption, “Up at Zero Dark Thirty to stop this steal.”

After the rally at the Ellipse park near the White House, Gunby went to the Capitol and entered restricted grounds around 2:15 p.m. He started recording on his phone, narrating the scene. Below are excerpts:

Gunby pushed his way into the Capitol building through the Senate Parliamentarian Door with a group of rioters, but was pushed back out by officers around 3 p.m.

After being expelled from the building, Gunby stayed on the grounds of the Capitol for more than two hours. He moved to the Upper West Terrance where he chanted “Police stand down!” while officers clashed with rioters and recorded confrontations.

While on the Metro after leaving the Capitol, Gunby recorded another video, saying in part:

“We all pretty much surrounded the Capitol. We are at a point now in this country where they are going to listen to us, they have to listen to us.”
...
“The American patriots in this country has been, we’ve been saints. Saints. Because the capability of America, and Americans, especially if we were the kind of people that the media always portrays us to be, we can take this country back pretty quickly. We didn’t bring weapons. Americans that came here for this event did not bring weapons. That’s saying a lot considering how late it is in this game. How much they have tried to take from us, and we are still not taking up arms against our government, against the Capitol. So, we surrounded the Capitol today. Eventually tear gas started flying. They started shooting tear gas. I got, I’m still, my lips are still burning from it.”
...
“Came a little closer to some nightsticks and rubber bullets than we wanted to. But, this was ultimately peaceful. I do believe that the Metro police here in Washington do understand the stark difference between Trump supporters, the patriots, what have you, than say ANTIFA, Black Lives Matter. The character is completely different. There couldn’t be more of a stark difference in justification, and intent, and capability. If the American patriot wanted to storm this Capitol, take over this building, and take care of all of Congress in there, they could do it. They could do it.”
...
“They just tried to steal this election right in front of everybody’s face. And any of you, any of you, who are gonna sit there and look anybody in the face, and say that that didn’t happen, that this election fraud didn’t happen, that we’re making it up, that it’s unsubstantiated, you need to wake up.”

Gunby was arrested in August 2021 and is among more than 1,200 people who have been charged for crimes related to the Capitol breach.

He has not yet been sentenced.

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