Long Island and Jan. 6: These were the defendants before Trump intervened
Rioters storm the West Front of the U.S. Capitol, Jan. 6, 2021, in Washington. Credit: AP/John Minchillo
Fourteen current and former Long Islanders were charged for their roles in the attack on the U.S. Capitol five years ago Tuesday, before President Donald Trump intervened hours after he took office in 2025.
The men and women, ranging in age from 25 to 69 and from hometowns spanning from Massapequa to Setauket, saw their legal problems disappear when Trump pardoned, dropped prosecutions or commuted the sentences of more than 1,500 individuals nationwide who were involved in the Jan. 6 riots. Trump took the action on his first day back in the White House for a second term.
To date, none of the Long Island-affiliated Jan. 6 defendants have been rearrested or charged with additional crimes, according to publicly available records reviewed by Newsday.
They are:
- Kevin Moore, 62, and his wife, Carol Moore, 59, both of Massapequa, who were charged with remaining in a restricted government building and disorderly conduct, both misdemeanors. Prosecutors said the couple took photos of themselves with U.S. Capitol police, "aggressively gestured at a law enforcement officer," and left after eight minutes. The Moores, who had yet to stand trial when their case was dropped, were granted approval to attend Trump’s 2025 inauguration.
- Greg Rubenacker, 29, of Farmingdale, swung a plastic bottle at an officer's head while standing in the Capitol, prosecutors said. He pleaded guilty to 10 counts, including felony assaulting a law enforcement officer, and was sentenced to 41 months in prison before he was pardoned.
- Peter Moloney, 61, of Bayport, the former co-owner of Moloney Family Funeral Homes, pleaded guilty to assault charges for attacking police officers and two people he believed were members of the media. Prosecutors said Moloney sprayed Capitol police with a can of Black Flag Wasp, Hornet & Yellow Jacket Killer. Moloney was pardoned before sentencing.
- Eric Gerwatowski, 35, previously of New Hyde Park and now of Ohio, pleaded guilty to felony interfering with law enforcement during a civil disorder and was sentenced to 2 years of probation before being pardoned. Prosecutors said Gerwatowski pulled open a door to the Capitol and yelled to the mob, "Let's go!"
- Matthew Schmitz, 36, of Lindenhurst, a member of the Long Island chapter of the Proud Boys, pleaded guilty to entering and remaining in a restricted building or grounds. Schmitz "overwhelmed a police line" and broke a window before entering the Capitol, authorities said. He was sentenced to 3 years of probation before being pardoned.
- Anthony Mastanduno, 62, formerly of Farmingville and now of North Carolina, pleaded guilty to six felonies, including assaulting police with a dangerous weapon. Prosecutors said Mastanduno, known on social media as "Shield Grampy," threw a "flagpole-like object ... as if throwing a javelin or spear" at officers, pushed officers with a stolen police shield and tried to strike them with a baton. He was sentenced to 57 months in prison before being pardoned.
- Thomas Fee, 58, of Freeport, a retired FDNY firefighter, was the first Long Islander charged with Jan. 6 crimes, including knowingly entering or remaining in restricted building or grounds. He pleaded guilty to misdemeanor parading in a federal building and was sentenced to 24 months of probation. He was pardoned.
- Christopher Ortiz, 32, of Huntington, was charged with entering restricted grounds without lawful authority, impeding or disrupting government business and engaging in disorderly or disruptive conduct. He pleaded guilty to parading in a federal building and was sentenced to 12 months of probation. He was pardoned.
- Justin McAuliffe, 44, a certified public accountant previously of Bellmore and now of Arizona, was charged with knowingly entering restricted grounds and disorderly conduct. McAuliffe pleaded guilty to parading in a federal building and was sentenced to 36 months of probation before being pardoned.
- Christopher Worrell, 54, previously of Greenport and now of Florida, was convicted of six felonies, including assaulting, resisting, or impeding officers using a dangerous weapon. Worrell, a member of the Proud Boys, sprayed pepper gel at police officers. He fled before his sentencing, sparking a six-week search. Worrell was apprehended and sentenced to 10 years in prison but was pardoned.
- Frank Giustino, 34, of Kings Park, pleaded guilty to parading in a federal building. During his case, Giustino skipped court hearings, insulted a prosecutor and berated the judge who punished him to 3 months in jail. He was pardoned.
- John O'Kelly, 69, an East Williston attorney, was charged with felonies, including assaulting, resisting, or impeding law enforcement officers. O'Kelly's case was pending when it was dropped.
- Isabella DeLuca, 25, a social media influencer from Setauket, faced five misdemeanor charges, including theft of government property and disorderly conduct. Her case was pending when it was dropped.
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