Midland Mayor says Jenny Cudd has ‘suffered enough’, recommends no punishment for role in Jan. 6 riots

The federal government says Cudd wore bulletproof gear to the Capitol.
Cudd participated in the Jan. 6 riots.
Cudd participated in the Jan. 6 riots.(KOSA)
Published: Mar. 18, 2022 at 12:20 AM CDT
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MIDLAND, Texas (KOSA) - In an unexpected development, Midland Mayor Patrick Payton is asking the federal government not to punish Jenny Cudd for her role in the Jan. 6 Capitol Riots.

“It is my firm belief that Ms. Cudd has suffered enough as a result of the actions of January 6, 2021, and I believe that should suffice,” Payton wrote in a supporting letter to the federal government.

The statement comes as a surprise not only because it comes from the city’s mayor, who defeated Cudd in the 2019 mayoral race, but also because of public outcry that Cudd has been treated too leniently throughout the case. Soon after her arrest, a judge allowed Cudd to go on vacation to Mexico.

“She is a woman who cares deeply about the United States of America, the freedoms of this great country, and any and all threats to the greatness of this country,” Payton wrote.

Despite advocating for Cudd to avoid a jail sentence, Payton also made public his disapproval of her actions.

“I believe that the actions of Ms. Cudd that day were not in the best judgment,” he said.

In an exclusive interview with CBS7 after leaving the Capitol, Cudd told CBS7 that she had no regrets.

“Hell, yes,” Cudd said when asked if she’d do it again. “I’d do it again, and I’d have a gas mask next time.”

The federal government is taking a different stance, recommending a judge sentence Cudd to 75 days incarceration, 60 hours of community service, and $500 restitution.

The government laid out its reasoning for the recommendation in a sentencing memorandum, saying in part:

“A sentence of seventy-five days of incarceration is appropriate in this case because Cudd: (1) prepared for violence by wearing a bulletproof sweatshirt during the riot; (2) was undeterred by physical obstacles she encountered before entering the Capitol building—for instance, she crossed overturned bike racks and scaled a wall to get to the Capitol; (3) engaged in a self-described push against law enforcement officers while yelling ‘go’ and ‘charge’ to reach the entrance of the U.S. Capitol building.”

The memorandum also said Cudd stayed near the Capitol, watched police clash with rioters, and continuously posted disturbing content on social media in the following hours.

“I’m proud of everything that I was a part of today,” Cudd said in one video. “And I’ll be proud of everything that I’m a part of at the next one.”

In the memorandum, the government laid out its case against Cudd, saying arguing she knew what could happen even before the riots:

“On January 5, 2021, Cudd posted a video to social media in which she said, “a lot of . . . the speakers this evening were calling for a revolution. Now I don’t know what y’all think about a revolution, but I’m all for it . . . . Nobody actually wants war, nobody wants bloodshed, but the government works for us and, unfortunately, it appears that they have forgotten that, quite a lot. So if a revolution is what it takes then so be it.”

Cudd’s defense team paints a different picture, one of a peaceful protester.

“She had no plans to ever enter the Capitol building; and once inside, she did not take anything, break anything, or hurt any person. Instead, while in the Capitol, she joined a prayer circle and tried to prevent another protester from breaking government property,” her sentencing memorandum said.

Cudd had traveled to the Capitol with Eliel Rosa, who was sentenced to 12 months probation in October 2021.

As part of her plea deal and because she has no priors, the maximum sentence she could receive is six months.

Cudd’s sentencing hearing is set for 3:00 p.m. CST on March 23 in Washington, D.C.

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