According to federal investigators, Jim Bob Elliott traveled from Aurora to Capitol Hill on Jan. 6 armed with a flagstick to use as a war-like weapon and shouting a "war cry" made famous in the movie "300."
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Prosecutors said Elliott was a member of the violent Northern Illinois Proud Boys, and he should be kept locked up for the full duration of his three-year prison sentence and not granted an early release as he is requesting.
Pictures in the complaint show Elliott dressed in black and wearing body armor, a helmet and silver-spiked gloves.
Prosecutors laid out how he hit one office while yelling a "guttural" battle cry from the Spartan-Persia War and heard in the "300" movie. Elliott pleaded guilty in the flagpole attack.
He has now filed a self-written motion claiming he should be released early from his 37-month prison sentence because he "had a lot of time to think back and reflect" on his actions and "honestly regrets the part he played in the riot."
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Elliot also claims that under new U.S. sentencing policy he deserves early release because he wasn't violent on Jan. 6.
In their response, prosecutors note Elliott was a member of the violent Illinois Proud Boys, and used the flagpole as a "jousting lance," transforming it into "a dangerous weapon."
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Former federal prosecutor and ABC7 chief legal analyst Gil Soffer told the I-Team Elliot's non-violent claim will be tough to justify when he was essentially using a flagpole as a spear against Capitol Police.
"Well, this is the problem before his argument I imagined he was say that's the kind of violence that's contemplated by this new rule," Soffer said. "In other words, it should only disable you from taking advantage of this better rule this more favorable rule if you were engaged in some obviously violent act, assault or murder or something like that. And a wooden flagpole doesn't count, but that's not a sure winner for him by any means."
Jim Bob Elliott is on a growing list of Jan. 6 prisoners who are now petitioning the court to reduce their time in jail based on new U.S. policy that has redefined part of the sentencing guidelines.
SEE ALSO | It may be a long time, if ever, before everyone involved in Jan. 6 is punished. Here's why
An upcoming Supreme Court case challenging the use of obstruction laws in Jan. 6 prosecutions could open the door wider for prisoners to get out early.