HUNTSVILLE, Ala. (WHNT) — A Madison man investigators say was part of a mob that attacked the U.S. Capitol on January 6, 2021, is asking a federal court for a lighter sentence than prosecutors are recommending.

Dillon Herrington pleaded guilty in June to a charge of assaulting, interfering or resisting someone performing official duties. His sentencing is set for Dec. 1 in Washington, D.C.

Prosecutors are recommending a 41-month prison term and 36 months of probation for Herrington, court records show. However, the defense is asking for 12 months and one day in prison, followed by 2 years of probation.

Among the allegations against Herrington listed by prosecutors is that he threw a 4-by-4 piece of wood at an officer at the Capitol – leading investigators to dub him “MAGA Lumberjack.”

The prosecution’s filing cites a series of violent encounters Herrington allegedly had on Jan. 6, and they argue ”His aggression was so vehement that other rioters sought to restrain him as he was yelling threats at police.”           

But Herrington’s court filing argues he is remorseful and at that time he was discouraged after knee injuries forced him out of the U.S. Army.

The defense filing argues Herrington had a difficult upbringing and was also caught up in the politics of that day due to the influence of a former girlfriend. His attorneys contend alcohol use and steroids contributed to his anger. The defense argues that after his arrest he stopped drinking and the use of steroids.

Herrington’s attorneys conceded he adopted the mentality of the mob that day after hearing claims the election was stolen and having consumed certain media accounts. But now, Herrington realizes he was responsible for his actions, not anyone else, the defense argues.

“In rough psychological terms, the mob mentality encouraging violence and hostility at the Capitol is commonly attributed to the ‘groupthink’ phenomenon, which Mr. Herrington admits to engaging in, to some extent, via consumption of certain media,” the defense argues. “But as he has reflected on the events of January 6, Mr. Herrington has recognized that his story is different. Rather than blaming ‘the mob,’ ‘the media,’ or even certain political figures for his crimes, as so many have, Mr. Herrington acknowledges his actions that day were a product of his own internal strife.”

After his arrest, the defense filing argues Herrington has changed.

The defense claims he has been working full-time and has changed from the person who marched on the Capitol nearly three years ago. The court filing also argues he has actively engaged in reforming his attitudes and behavior.