Capitol riot 'QAnon Shaman' files appeal of plea and 41-month prison sentence

WASHINGTON — The Arizona man who wore face paint and horns during the Jan. 6 Capitol riot filed an appeal Tuesday of his guilty plea and sentence of 41 months in prison.

Lawyers for Jacob Chansley, 34, better known as the “QAnon Shaman,” previously indicated they were exploring the possibility of an appeal.

The filing did not include details on what grounds Chansley will be appealing, but the two new lawyers he recently hired have said he may have a claim of ineffective assistance of counsel against his former attorney, Albert Watkins. It is one the few options remaining after Chansley waived most of his appeal rights as a condition of his plea agreement.

John Pierce, an attorney for Chansley, did not immediately respond to a request for comment Tuesday.

To prove ineffective assistance of counsel, Pierce and his co-counsel, William Shipley, will have to prove Watkins failed to competently represent Chansley and the failure directly affected the outcome of the case.

“Mr. Chansley is an extremely smart man, very intelligent, if not savant-like, and I sincerely wish him all the best in his life,” Watkins told NBC News on Monday.

Chansley’s is the second Jan. 6 case to be appealed post-sentencing. The first was filed last week by Scott Fairlamb, a New Jersey gym owner and ex-MMA fighter, who also was sentenced to 41 months in prison.

Fairlamb also hired new lawyers after his sentencing but has yet to lay out the argument he’ll be making on appeal. He, too, signed a plea agreement that severely limits his options, leaving an ineffective assistance of counsel argument likely in his case, as well.

Chansley will remain in prison while his appeal proceeds. He has been behind bars since he was arrested in January.

Chansley immediately drew attention on Jan. 6 by appearing shirtless with face paint, wearing a furry headdress with horns and carrying a U.S. flag and a bullhorn. He and other rioters reached the Senate floor and climbed the dais, where he left a note for Vice President Mike Pence that read, “It’s Only A Matter of Time. Justice Is Coming!”

Chansley, who said he has a personality disorder and is on the autism spectrum, told the judge at his sentencing that he wanted to take accountability for his actions and he was “wrong” for entering the Capitol.

“I have no excuse. No excuse whatsoever. The behavior is indefensible,” he said.