NORTH ADAMS, Mass. — A local man charged in the Jan. 6, 2021, insurrection at the U.S. Capitol has been sentenced to three years of probation for trespassing. 

 

Brian McCreary, 33, was captured on film several times inside the Capitol next to the so-called "QAnon Shaman" Jacob Chansley, who was sentenced last year to 41 months in prison. 

 

McCreary was arrested a year ago by agents from the FBI's Boston bureau. He was charged with obstruction of an official proceeding, trespassing, disorderly conduct on the grounds and in the building, and demonstrating within the building. 

 

Last October, he pleaded guilty to "entering and remaining in a restricted building or grounds" in a plea deal. 

 

According to court documents, McCreary had attended the "Stop the Steal" rally in Washington, D.C., and walked to the Capitol with a crowd intent on stopping the counting of elector ballots for the 2021 presidential election. He entered a door that had been kicked open and walked up to the second floor of the Senate side. He was twice told to exit the building by law enforcement before leaving but then re-entered through a separate door that also been kicked open. He finally exited after hearing a gunshot and drove home. 

 

The next day, he contacted the FBI through its tip line and provided footage he had taken inside and outside the Capitol and later cooperated agents. According to the court filing he signed, McCreary told the FBI that he had attended the rally because he was frustrated with the results of the presidential election and that an audit had not been performed to "address allegations of mass voter fraud." 

 

There has been no evidence of any mass voter fraud.

 

On April 1, he was sentenced to 36 months of probation, including 42 days of intermittent incarceration and two months of home detention. He also received a fine of $2,500 and is required to pay $500 in restitution toward the $1.5 million in damage done the Capitol. 

 

The cases of two Pittsfield men, Troy Sargent and David Lester Ross, who also attended the rally, have not yet been resolved. 

 

Sargent has a number of trespassing and disorderly charges, as well as assaulting federal officers and engaging in physical violence on the Capitol grounds. Ross was charged in D.C. Superior Court for trespassing and has a status hearing on May 20.