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Utah climate activist sent to prison for pouring powder over case holding U.S. Constitution

The two activists also poured powder over themselves and stood in the rotunda, calling for solutions to climate change.

Two climate activists who dumped red powder over the display case that holds the U.S. Constitution at the National Archives Museum in February were each sentenced this week to more than a year in prison.

Judge Amy Berman Jackson of U.S. District Court for the District of Columbia on Tuesday sentenced one activist, Jackson Green, 27, of Utah, to 18 months in prison to be followed by two years of supervised release.

On Friday, Jackson sentenced the other activist, Donald Zepeda, 35, of Maryland, to two years in prison with two years of supervised release.

They must pay $58,607.59 in restitution to the National Archives, according to court records.

In an episode that was captured on video, Green and Zepeda poured powder over the display case in the rotunda of the National Archives Museum on Feb. 14 in what prosecutors described as a “stunt” that was meant to draw attention to climate change.

The two men also poured powder over themselves and stood in the rotunda, calling for solutions to climate change.

The Constitution was not damaged, according to the National Archives Museum, which said that the powder was made of pigment and cornstarch.

The cleanup effort cost more than $50,000 and required dozens of conservationists and maintenance staff members, according to the museum.

Green and Zepeda were each charged with a felony count of destruction of government property.

Zepeda initially pleaded not guilty in February. In August, he changed his plea to guilty, according to court records.

Green, who is linked to a group called Declare Emergency, according to court records, had previously been charged in a separate case of vandalism at the National Gallery of Art in November 2023, when he wrote “HONOR THEM” in red paint on a wall beside a mural of the 54th Massachusetts Regiment, according to court documents.

Green pleaded not guilty to both counts he faced for the episodes at the National Gallery of Art and the National Archives Museum.

Green was sentenced to 90 days in prison for the act of vandalism at the National Gallery of Art. That sentence will be served concurrently with his 18-month sentence. Green was also ordered to pay $706 in restitution to The National Gallery of Art.

A lawyer for Green declined to comment. A lawyer for Zepeda did not immediately respond to a request for comment Friday.

Green and Zepeda could have each faced up to 10 years in prison for one felony count of destruction of government property.

Prosecutors had recommended that Green be sentenced to two years in prison, followed by three years of supervised release, according to a sentencing memorandum.

Prosecutors had recommended that Zepeda be sentenced to four years in prison, followed by three of supervised release, according to a sentencing memorandum.

Prosecutors said in the memo that Zepeda had “a lengthy line” of previous criminal offenses, including instances of burglary, trespassing and damage to property.

In a statement submitted to the court, Green wrote that his goal was to bring attention to the “climate crisis and its social justice implications,” and he apologized to those who were involved in the cleanup effort.

“I did genuinely think we were going about the actions in such a way that they wouldn’t cause significant harm to others, but I realize now the ignorance and lack of consideration that belief represented,” Green wrote. “I also recognize that regardless of my intentions, the harm I caused is real and is my responsibility.”

Colleen Shogan, the archivist of the United States and head of the National Archives and Records Administration, said in a statement Tuesday that she would have liked to see a longer sentence for Green.

“I am glad that the judge agreed that a strong message was needed to reflect the significance of these crimes and hopefully deter future attacks for the National Archives, and all cultural institutions across the country,” Shogan said.

This article originally appeared in The New York Times.