Prosecutors had sought a six-month sentence for the man, whose real name is Tim Gionet.
A local judge opted for a lighter punishment, but still found jail time necessary, saying in court on Thursday, “If that doesn’t convince someone to amend their ways, I’m not sure what else will.”
In court, Gionet’s lawyers minimised the seriousness of the attack, arguing the pepper spray was “washed out with milk,” and that Gionet was already under close watch by authorities given the charges against him in the Capitol insurrection case.
“It’s not an unsupervised thing where he can run around doing whatever he wants,” Gionet’s lawyer said.
The internet streamer, who has previously tweeted about sending Jews to the gas chamber and was a speaker at the notorious 2017 Charlottesville white supremacist rally, will not head to jail just yet. His lawyers plan to appeal the sentencing, and he will likely avoid incarceration for the time being.
In November, a city court convicted Gionet on charges of criminal trespassing, disorderly conduct, and assault, after he pepper-sprayed a bouncer in December of 2020.
Gionet is also facing charges for allegedly defacing a Hannukah display at the Arizona state capitol.
His most serious charges, however, stem from the 6 January Capitol riot, where Gionet livestreamed himself entering the Capitol building, a video record which has helped federal officials identify and arrest dozens of other alleged participants in the insurrection.
The internet personality recorded himself for nearly half an hour inside the Capitol, according to prosecutors, where he could be seen encouraging other rioters to stay and accosting a police officer, calling him a ‘f***ing oathbreaker.”
Baked Alaska will face his next court hearing in the Capitol case on 17 February. As of late 2021, he has not entered a plea in the 6 January case, though his attorneys have said they are confident he would be found not guilty if the matter goes to trial.
This is a breaking news story and will be updated with more information.