Ryan Nichols

Public January 6 profile · ready to claim

Brian P. McCreary

January 6 case-file subject

Brian P. McCreary profile photograph from NPR's January 6 archiveDocumented editorial-use image
NPR's The Capitol Charges; database photo credit: Department of Justice (all named credit exceptions excluded) Published for archive identification and reporting; reuse rights are not represented as cleared.Image source →

Brian 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

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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).

Court4 documents

Court orders, rulings, transcripts, and docket entries.

Govt response5 documents

Responses from DC DOC, the U.S. Marshals, and federal agencies.