Jay Johnston ‘Bob’s Burgers’ actor sentenced to 1 year in prison for Jan. 6 Capitol involvement

Actor Jay Johnston, known for his role as Jimmy Pesto on Bob’s Burgers, was sentenced to one year and a day in prison on October 28 for his involvement in the January 6, 2021, Capitol riot. 

U.S. District Judge Carl Nichols handed down the sentence after Johnston, who pled guilty in July to a felony charge of interfering with law enforcement during civil disorder, addressed the court. "It's a humiliation and a horrible oversight," Johnston told Nichols, expressing regret for his actions. However, Nichols noted that Johnston’s remorse appeared “less contrite than many” other rioters, labeling his actions “problematic — reprehensible, really.”

Prosecutors described Johnston’s involvement in the attack, stating that he used a stolen police riot shield to form a "shield wall" against law enforcement and participated in a “heave-ho” push that “pinned and crushed” an officer. They argued for an 18-month sentence, asserting that Johnston had failed to demonstrate true remorse, pointing to a Halloween costume in 2022 where he dressed as “QAnon Shaman” Jacob Chansley.

Johnston's legal team argued that prosecutors were exaggerating his role due to his Hollywood status. Johnston’s attorney, Stanley Woodward, wrote in a sentencing memo, “The government has continued to advance Mr. Johnston’s indictment on a ‘guilty-by-association’ basis.” Johnston also requested leniency, citing his struggles to find acting work since being “blacklisted” from Hollywood, following his firing from Bob’s Burgers.

Family members, including Johnston’s brother and fiancée, provided statements, highlighting the impact on Johnston’s career and family life, particularly regarding his role in supporting his autistic daughter. Nichols ultimately sentenced Johnston to one year in prison, plus 40 hours of community service, with an additional $2,000 restitution to the Architect of the Capitol.