Gino DiGiovanni talks to the media after a recount in a local GOP primary in September 2023.
WASHINGTON, D.C. — Gino DiGiovanni pleaded guilty in federal court on Friday (Jan. 12) to one charge in connection to his involvement in the breach of the U.S. Capitol building on Jan. 6, 2021.
Sentencing has been scheduled for 11 a.m. April 15.
DiGiovanni, a former Derby Alderman and current chairman of the Derby Republican Town Committee, could face a maximum penalty of one year in prison and a $100,000 fine when he appears in front of U.S. Judge James E. Boasberg.
However, DiGiovanni’s guilty admission was part of a plea bargain offered by prosecutors.
The plea agreement made available to the public notes prosecutors could ask the court to impose a sentence between zero and six months — a sentencing guideline agreed to by the prosecution and the defense.
According to an arrest warrant, DiGiovanni was originally charged with:
1. Entering and remaining in a restricted building or grounds
2. Disorderly and disruptive conduct in a restricted building or grounds
3. Disorderly conduct in a Capitol building
4. Parading, demonstrating or picketing in a Capitol building
The deal brought the list down to the single charge of entering and remaining in a restricted building or grounds.
Prior to sentencing, a federal probation official will write a presentence investigation report (PSR), a document that delves into DiGiovanni’s background. That document will be sealed, but a judge can use it to help come up with a punishment.
DiGiovanni will have a chance to submit a sentencing memorandum, in which he’ll presumably argue for no jail time. A defendant’s memorandum often contains letters of support from community members and family.
“What am I hoping for? We’ve got to do what they call a PSR, we’ve got to meet with the probation department, then we’ll do a report, we’ll submit letters of recommendation for Gino. We’re hoping that the judge will follow the law and give him the appropriate sentence,” said Martin J. Minnella, DiGiovanni’s attorney.
The prosecution also has the chance to submit a sentencing memo.
The presentence investigation report, along with the sentencing memos from the prosecution and defense, will be reviewed by the court prior to the April 15 sentencing date.
Background
DiGiovanni has repeatedly said he was at a rally to support President Donald Trump on Jan. 6, 2021 and that he was with a large crowd who breached the Capitol Building — but that he was not involved, nor did he see, violence or property damage.
DiGiovanni, in an interview with The Valley Indy in November 2022, said the weight of the crowd pushed him into the building, a police officer held the door open, and that he was in the building for a short time, damaging nothing.
He was the Republican nominee for Derby mayor in November 2023, and he defeated incumbent Mayor Rich Dziekan during a Republican primary in September 2023.
DiGiovanni came in third in the Nov. 7, 2023 city-wide election for mayor, which was won by Joe DiMartino, a Democrat.
Sentences vary for defendants facing the same charge as DiGiovanni. Some got 24 months of probation, no jail time and were ordered to pay $500 in restitution. Others got probation and up to three months in jail.
