Public January 6 profile · ready to claim
Brian P. McCreary
January 6 case-file subject
Documented editorial-use imageBrian P. McCreary is a working guy from North Adams, Massachusetts - the far northwest corner of the Berkshires, mill-town country - who was clocking shifts at a Domino's when his life turned into a federal case. No weapon. No assault charge. One misdemeanor. That is the whole of it. WHO HE IS FACT - McCreary, then 33, is from North Adams in Berkshire County, Massachusetts, and was employed at a local Domino's Pizza at the time (Berkshire Eagle; Courthouse News Service). FACT - He was one of the earliest Massachusetts arrests in the January 6 investigation, taken into custody February 4, 2021. NEEDS AUTHENTICATION - Contemporary reporting describes McCreary talking with investigators and turning over video he had recorded that day rather than hiding it. The exact sequence of his contact with the FBI is not fully spelled out in the public record, so this archive flags it rather than overstating it. THE LEGAL FIGHT FACT - On October 14, 2021, Brian McCreary pleaded guilty to a single count of entering or remaining in a restricted building or grounds under 18 U.S.C. section 1752(a)(1). Counts 1, 3, 4 and 5 were dismissed on the government motion at judgment. FACT - He was sentenced April 1, 2022 to 42 days of intermittent incarceration, 36 months of probation, two months of home detention, and roughly $3,025 in fines and restitution (iBerkshires). FACT - His covered conviction received a full and unconditional pardon under the presidential proclamation of January 20, 2025. Brian McCreary is a pardoned January 6 defendant. That is the bottom rung of the January 6 docket - a misdemeanor trespass, no violence charged - and it still cost him years of his life, his name in every paper in the Berkshires, and a criminal record that took a presidential pardon to lift. CASE RECORD Name: Brian P. McCreary Hometown: North Adams, Berkshire County, Massachusetts Case number: 1:21-cr-00125-BAH Court: U.S. District Court for the District of Columbia Arrest: February 4, 2021 Plea: October 14, 2021, one misdemeanor count Sentence: April 1, 2022 Clemency: Full pardon, January 20, 2025 proclamation DOJ case page: https://www.justice.gov/usao-dc/defendants/mccreary-brian Search terms people use to find this page: Brian McCreary January 6, Brian McCreary North Adams, J6 pardon Massachusetts, January 6 misdemeanor defendant pardoned. This profile is unclaimed. If this is you - or your family - claiming it is free, forever.
The case file
On the record
- Case number
- 1:21-cr-00125-BAH
- Court
- U.S. District Court for the District of Columbia
- Judge
- Beryl A. Howell
- Prosecutor
- Brandon K. Regan
- Defense attorney
- Jeffrey A. Denner; Richard D. Heideman; Joseph H. Tipograph
- Disposition
- Pleaded guilty on October 14, 2021 to Count 2, entering or remaining in a restricted building or grounds under 18 U.S.C. § 1752(a)(1). Counts 1, 3, 4, and 5 were dismissed on the government’s motion at judgment. Sentenced April 1, 2022. Covered conviction received a full pardon under the January 20, 2025 proclamation; individual certificate PDF not located.
- Arrested
- February 4, 2021
- Plea
- October 14, 2021
- Sentenced
- April 1, 2022
Charges
- Count 1 — Obstruction of an Official Proceeding and Aiding and Abetting — dismissed at judgment
- Count 2 — Entering and Remaining in a Restricted Building or Grounds, 18 U.S.C. § 1752(a)(1) — guilty plea
- Count 3 — Disorderly and Disruptive Conduct in a Restricted Building or Grounds — dismissed at judgment
- Count 4 — Disorderly Conduct in a Capitol Building — dismissed at judgment
- Count 5 — Parading, Demonstrating, or Picketing in a Capitol Building — dismissed at judgment
Sentence
36 months of probation, including 42 days of intermittent confinement in three 14-day periods and two months of home detention; $2,500 fine; $25 assessment; $500 restitution
Press & news
- https://courthousenews.com/dominos-worker-who-first-pointed-the-finger-at-antifa-cops-guilty-plea-to-capitol-riot/ →
- https://extremism.gwu.edu/capitol-hill-siege-cases →
- https://patch.com/massachusetts/across-ma/what-happened-ma-residents-charged-jan-6-capitol-riot →
- https://www.berkshireeagle.com/crime/north-adams-man-pleads-guilty-to-a-misdemeanor-in-connection-with-role-in-jan-6/article_5fb8a53c-2e08-11ec-a0f0-5fa44b39cfe6.html →
- https://www.iberkshires.com/story/67802/North-Adams-Man-Sentenced-to-Probation-in-Jan.-6-Insurrection.html →
- https://www.justice.gov/pardon/president-trumps-proclamation-granting-pardons-and-commutations-sentences-certain-offenses →
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Connection to United States v. Nichols
Brian P. McCreary appears in the record of United States v. Nichols through 10 shared documents on file below. The full case — timeline, people, documents — is public and free.
Walk the whole case →Evidence on file
10 documents on file
Attorney1 document
Defense counsel correspondence (Joseph McBride, Jonathan Gross).
motion · Feb 17, 2022
Brian P. McCreary — Defense Sentencing Memorandum
Four-page defense sentencing memorandum emphasizing remorse, early cooperation, personal background, and a proposed non-custodial sentence.
Court4 documents
Court orders, rulings, transcripts, and docket entries.
transcript · Apr 1, 2022
Brian P. McCreary — Sentencing Hearing Transcript
Ninety-four-page transcript of the April 1, 2022 sentencing hearing before Chief Judge Beryl A. Howell.
order · Apr 1, 2022
Brian P. McCreary — Signed Criminal Judgment
Seven-page signed judgment recording the Count 2 conviction, dismissal of four counts, probation, intermittent confinement, home detention, fine, assessment, and restitution.
other · Oct 14, 2021
Brian P. McCreary — Plea Agreement
Eleven-page plea agreement for Count 2, entering or remaining in a restricted building or grounds.
other · Oct 14, 2021
Brian P. McCreary — Statement of Offense
Five-page statement of offense associated with McCreary’s guilty plea to Count 2.
Govt response5 documents
Responses from DC DOC, the U.S. Marshals, and federal agencies.
order · Jan 20, 2025
January 20, 2025 January 6 Clemency Proclamation
Presidential proclamation commuting the sentences of fourteen named January 6 defendants to time served and granting full, complete, and unconditional pardons to the other covered convicted defendants. Person-specific status must be determined from the proclamation’s two separate clemency provisions.
motion · Jan 4, 2022
Brian P. McCreary — Government Sentencing Memorandum
Twenty-eight-page government sentencing memorandum describing its requested sentence and its assessment of mitigating and aggravating facts.
docket · Feb 17, 2021
Brian P. McCreary — DOJ Complaint, Statement of Facts, and Indictment Bundle
Official DOJ legacy download combining the complaint, FBI Statement of Facts, and indictment in United States v. McCreary.
indictment · Feb 17, 2021
Brian P. McCreary — Five-Count Indictment
Three-page indictment charging five counts in United States v. McCreary.
affidavit · Feb 3, 2021
Brian P. McCreary — FBI Statement of Facts
Six-page FBI probable-cause statement filed with the complaint in United States v. McCreary.