The Shaler man who pleaded guilty to initiating the destruction of a Pittsburgh police car in May during riots over the death of George Floyd is asking for probation when he is sentenced later this month.
The attorney for Brian Bartels said in a sentencing memorandum filed Monday that his client is remorseful and a first-time offender whose risk of recidivism is low — all which “weighs heavily in favor of supervision rather than incarceration.”
Bartels, 21, pleaded guilty to one federal charge of obstruction of law enforcement during civil disorder before Senior U.S. District Judge Arthur J. Schwab in September. He is scheduled to be sentenced on Jan. 27. Prosecutors have not yet filed their sentencing memo but have suggested that Bartels ought to serve 10 to 16 months in jail.
According to investigators, Bartels kicked in the windshield of a police car and then spray painted it — setting off a chain of events that led to the car burning and violence in Downtown Pittsburgh.
“Mr. Bartels does not seek to excuse his conduct,” wrote attorney Joseph Otte.
Instead, he said his client’s cooperation with police and quick guilty plea show Bartels “is capable of maturing and is amenable to less restrictive punishment.
“Mr. Bartels is ready to move on with his life, albeit with a felony conviction to his name,” Otte wrote. “He hopes for this court’s grace and leniency and requests a probationary sentence.”
According to the court filing, a Twitter video of Bartels turning himself in to Pittsburgh police headquarters two days after the riot has been viewed more than 1.6 million times.
“The offense conduct in this case will follow Brian Bartels for the rest of his life,” Otte wrote.
Otte wrote in his filing that Bartels has struggled with mental health issues and has been diagnosed with borderline personality disorder; obsessive compulsive disorder and attention deficit hyperactivity disorder.
But, he continued in the memorandum, “most” of his client’s actions at the protest “can be attributed to his youth and emotional immaturity.”
According to the police, Bartel told them, “I called my parents on the drive home, and I’m like, ‘I am about to drop a bomb on you. Sorry to ruin your day. Uhhh…I did something stupid at the protest.’”
Since his arrest, Otte wrote that Bartels enrolled in classes at Community College of Allegheny County and is working toward his degree in music. He has also been accepted for enrollment at Ohio Wesleyan University.
“Recognizing that his decisions that day were the product of a feeling of rage and helplessness, he has decided to seek a degree in political science and psychology so that he can better understand the world and use non-violent means to effect the change he wants.”
He also has maintained employment, Otte said.
Letters accompanying Otte’s memo paint Bartels as a young man who was home-schooled and involved in music and his own bands. He teaches weekly, online guitar lessons, is “passionate about the planet and is a committed vegetarian,” wrote Thomas Oleson, of Evansdale, Iowa, who has known Bartels his whole life.
“Our world needs young people who are committed to changing the things they consider important,” Oleson wrote. “Hopefully, a misguided act at this time in his life will not define the things that come to follow.”
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