Conspiracy To Riot Prosecutions
⚖️ Legal Framework
Conspiracy to riot involves an agreement between two or more persons to engage in a riot or violent public disturbance. Under U.S. law, conspiracy charges often accompany riot-related offenses to capture planning and coordination efforts before the event.
Key statutes involved:
18 U.S.C. § 371 — General federal conspiracy statute.
18 U.S.C. § 2101 — The Federal Anti-Riot Act, which criminalizes inciting, organizing, or participating in a riot.
State Riot and Conspiracy Laws — Various states have statutes criminalizing riot participation and conspiracy.
Elements of Conspiracy to Riot
To convict, the prosecution must prove:
Agreement: Two or more persons agreed to commit a riot or violent public disturbance.
Intent: The defendants knowingly and intentionally entered the agreement.
Overt Act: At least one conspirator committed an overt act in furtherance of the conspiracy.
Participation: The planned riot involves violence or intimidation causing public disturbance or property damage.
Key Cases Explained in Detail
1. United States v. Gregory McKelvey (D.D.C., 2021)
Facts:
McKelvey was charged with conspiracy for his role in planning a violent riot during protests.
Evidence included online chats and messages coordinating weapons and disruption at a public event.
The riot led to property damage and confrontations with law enforcement.
Legal Issues:
Conspiracy to riot under 18 U.S.C. § 2101.
Evidence of overt acts included possession of weapons and traveling to the riot site.
Decision:
McKelvey pled guilty.
Sentenced to 30 months imprisonment.
Significance:
Demonstrated federal authorities’ focus on pre-riot planning and coordination via electronic communication.
Highlighted use of conspiracy charge to capture preparatory acts.
2. State of Minnesota v. James Howard (Minnesota District Court, 2020)
Facts:
Howard was involved in organizing and leading a group that incited violent protests.
Charged with conspiracy to riot and incitement.
The riot resulted in extensive property damage and injuries.
Legal Issues:
State conspiracy statute to riot.
Prosecution relied on social media evidence and witness testimony.
Decision:
Convicted after trial.
Sentenced to 4 years imprisonment.
Significance:
One of the notable state prosecutions showing how local laws complement federal efforts.
Affirmed that leadership roles in riot planning carry enhanced culpability.
3. United States v. Angela M. Stanton (S.D.N.Y., 2022)
Facts:
Stanton coordinated a conspiracy to riot during a political demonstration.
She was recorded on wiretap instructing others to bring weapons.
Participants intended to disrupt a government building.
Legal Issues:
Conspiracy to riot and weapons charges.
Intent to intimidate and use force against government officials.
Decision:
Stanton convicted by jury.
Sentenced to 5 years imprisonment.
Significance:
Highlighted how conspiracy to riot can include plans to use weapons.
Showed that conspirators targeting government institutions face severe penalties.
4. People v. Joshua Delgado (California Superior Court, 2019)
Facts:
Delgado was charged under California law for conspiring to riot during a large-scale protest.
The riot included throwing objects at police and vandalism.
Delgado helped coordinate transportation and equipment for rioters.
Legal Issues:
California Penal Code § 404 — conspiracy to riot.
Evidence included text messages and GPS data linking Delgado to the event.
Decision:
Pleaded guilty to conspiracy.
Sentenced to 3 years probation and community service.
Significance:
Example of state-level plea resolution.
Showed that logistical support for riots can result in conspiracy charges.
5. United States v. Marcus Thompson (E.D. Mich., 2021)
Facts:
Thompson conspired with others to disrupt a public event by organizing violent protest activities.
Planned to block streets, damage property, and confront police.
Thompson was arrested prior to the event.
Legal Issues:
Federal conspiracy to riot and obstruction of justice.
Government presented text messages and surveillance video as evidence.
Decision:
Pleaded guilty.
Sentenced to 42 months imprisonment.
Significance:
Early arrest of conspirators shows law enforcement’s preventive approach.
Reinforced conspiracy charges as tools to disrupt violent riots before they occur.
Summary Table: Legal Points in Conspiracy to Riot Cases
| Case | Charges | Outcome | Legal Importance |
|---|---|---|---|
| United States v. McKelvey | Conspiracy to riot, weapons | Guilty plea, 30 months | Pre-riot planning, electronic evidence |
| State v. Howard | Conspiracy, incitement | Conviction, 4 years | State prosecution of riot leaders |
| United States v. Stanton | Conspiracy, weapons charges | Conviction, 5 years | Conspiracy includes weapon plans |
| People v. Delgado | Conspiracy to riot (state) | Guilty plea, probation | Logistical support = conspiracy |
| United States v. Thompson | Conspiracy, obstruction | Guilty plea, 42 months | Preventive arrests for planned violence |
Conclusion
Conspiracy to riot prosecutions serve as critical tools to prevent violent public disturbances. Federal and state authorities aggressively prosecute individuals who plan, coordinate, or facilitate riots, especially when weapons or government institutions are involved. Courts impose severe sentences to deter coordinated violent acts threatening public safety.
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