The prosecution has asked for prison time, a substantially larger fine, and community service. The argument was laid out in a court filing brought forth this week by his lawyer, Marina Medvin.
"The appropriate sentence for Michael Stepakoff, a 56-year-old Messianic Rabbi with a clean record, a loyal husband and loving father to four children, is a fine in the amount of $50 for his first offense Class B misdemeanor conviction for Parading, Demonstrating, or Picketing in a Capitol Building under 40 U.S.C. §5104(e)(2)(G). Mr. Stepakoff's relevant conduct is nonviolent," the court filing states.
The filing states that Stepakoff came to Washington DC "for the Conservative protest events scheduled for January 5th and 6th."
On January 6, he traversed towards the Capitol after hearing part of Trump's speech in the morning, hoping to see a large protest at the building.
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Stepakoff reportedly "took selfies in front of the Capitol and then followed the crowd of Trump supporters through open doors of the Capitol building."
According to the court filings, he was inside the building for approximately five minutes, spending most of that time glancing at his phone.
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"Mr. Stepakoff spent five minutes in the hallway of the Capitol, half of which was standing against a corner wall, looking down at his cell phone, distracted by his mobile device. When he wasn't on his phone, he walked around the hallway slowly, aimlessly, staying within close range of the entry doors — appearing aloof, incognizant, and out of place," the filing states, noting that he walked in and shook hands with a police officer at one point.
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Not long after leaving the building, Stepakoff reportedly headed back to his hotel room.
"After arriving back at the hotel, Mr. Stepakoff began hearing reports of violence at the Trump rally that he had just left. Mr. Stepakoff immediately brushed the stories off as a combination of media embellishment and infiltration by Antifa or other malicious actors who were trying to make Trump supporters look bad," the filing states.
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The filing notes that police were not asking those inside the building to leave, and that "Like many, Mr. Stepakoff was unaware that protesting inside the Capitol building was a criminal act."