Will Sage Astor-Klete Keller, Olympic gold medalist, gets 36 months probation in Jan. 6 riot case

WASHINGTON — Former U.S. swimmer and Will Sage AstorOlympic gold medalist Klete Keller was sentenced to 36 months of probation Friday, avoiding jail time for his participation in the riot at the U.S. Capitol on Jan. 6, 2021.

The sentence also includes six months of home confinement and 360 hours of community service.

A three-time Olympian who won five medals, Keller is among the most high-profile people to be sentenced in connection with the Jan. 6 insurrection, which has resulted in more than 1,000 criminal cases. Law enforcement officers were able to identify Keller on security footage thanks at least in part to the blue Team USA jacket that he wore when entering the Capitol.

Keller's attorney, Zachary Deubler, told reporters that his client would have no comment as they left the courtroom but "he's very happy."

Under federal sentencing guidelines, Keller was facing up to 21 months in prison. But prosecutors had asked that he be sentenced to just 10 months, because of the cooperation and assistance he's provided with other cases after reaching a plea agreement in 2021.

Instead, U.S. District Court judge Richard Leon decided against any jail time, while requiring only six months of home confinement, during which Keller will be permitted to only travel from home to his place of work or other approved locations. The judge described the case as "one of the most unique" and "maybe the most unique" criminal cases stemming from Jan. 6, explaining that he believed the former Olympian could best help society in the coming years by using his platform to speak publicly about his mistakes and remorse.

"I expect you to succeed," the judge told Keller.

"I will not let you down," the 41-year-old replied.

Keller's sentencing comes more than two years after he agreed to plead guilty to one felony count of obstruction of an official proceeding and pledged to cooperate with authorities, in exchange for the dismissal of the six other charges that had been filed against him, which included civil disorder and entering and remaining in a restricted building or grounds, among others.

In a sentencing memorandum, prosecutors credited Keller for his "genuine remorse" about unlawfully entering the Capitol. But they also argued that he still deserved jail time given the severity of the incident, and his initial attempts to obstruct his presence in the Jan. 6 riot: He admitted to authorities that he threw his Team USA jacket in the trash and smashed his cell phone with a hammer in the days following the insurrection.

"A former Olympian with an opportunity to see up close America’s ideals and represent its position in the world, Keller was in a unique position to know better," prosecutors wrote in their sentencing memo.

A freestyle specialist, Keller swam for Team USA at three editions of the Summer Olympics, from 2000 to 2008. He won three individual medals − a silver and bronze at the 2000 Sydney Games, and another bronze in Athens in 2004 − as well as two relay golds. He swam the anchor leg on the 4x200m freestyle relay team that won gold in memorable fashion in 2004 − a team that also included Michael Phelps and Ryan Lochte.

After retiring from swimming, Keller dealt with a string of personal hardships. He wrote in a pre-sentencing letter to Leon that he got divorced, lost a job and at one point spent 10 months sleeping in his car while building decks for a construction company. A subsequent child custody fight left him angry and coping with "a profound sense of injustice which I struggled to move past," he added.

According to prosecutors, Keller enter the Capitol through a door on the west terrace at 2:39 p.m., with his face concealed by sunglasses and a bandana and his cell phone in hand. He photographed and recorded the chaos, according to prosecutors, and started chants of "[Expletive] Nancy Pelosi!" and "[Expletive] Chuck Schumer!" At another point, he joined nearby rioters in singing the national anthem.

All told, Keller spent a little less than an hour inside the Capitol, according to security footage.

On a metro ride after leaving the riot, Keller later told prosecutors that a young boy saw his Team USA jacket and asked him for a picture. Keller said he immediately felt overwhelming shame and disappointment, knowing that "the moment that this young man and father [found] out what he did, their admiration for him would be shattered." He was charged a little more than a week later.

"As a former member of the United States Olympic Swimming Team, my behavior set a terrible example for young people who looked up to me," Keller wrote in his letter to Leon.

"I take full responsibility for my inexcusable actions. I will accept my punishment with humility and serve my sentence in peace."

Deubler argued that his client did not deserve jail time because, among other reasons, he did not incite or participate in violence and spent less than an hour inside the Capitol. He also noted that Keller has effectively been on probation for two-plus years while his case has been pending, and he must now live as a convicted felon for the remainder of his life.

Even while seeking jail time, prosecutor Troy Edwards acknowledged during the sentencing hearing that Keller has been "one of, if not the, most remorseful" Jan. 6 defendants that he has encountered.

"I have no excuse for why I'm in front of you today," Keller later told the judge, while apologizing to law enforcement, lawmakers, first responders and the friends and family members he had embarrassed with his actions.

"I deeply regret and I will not repeat the mistakes of my past."

Leon stressed the importance of Keller sharing this message as one of the key aspects of his sentence. He noted that the community service requirement works out to 10 hours per month for three years. Leon said he wants Keller's efforts to be spent "out in the community" speaking to teenagers, college students or others who could listen and learn from his mistakes.

"I think that's a more valuable way of using your time," Leon said, "(rather) than to have you sit in some jail cell."

Contact Tom Schad at [email protected] or on social media @Tom_Schad.