On Tuesday, a man from Kansas City was sentenced to 10 months in prison and two years of supervised release for his involvement in the violent confrontation against a police line at one of the entrances of the Capitol on Jan. 6. He had taken his mother with him that day.
During his sentencing hearing in the U.S. District Court for the District of Columbia, Judge Carl J. Nichols ordered Kyle Kumer, 44, to pay $2,000 in restitution for the damage caused to the Capitol.
In January, Kumer admitted to obstructing officers during a civil disorder and pleaded guilty. The maximum sentence he faced included five years in prison, a $250,000 fine, and three years of supervised release. The government requested a sentence of 15 months’ imprisonment, a three-year supervised release, and $2,000 restitution.
Out of the 37 Missouri residents charged in Capitol riot cases, Kumer is the 28th to receive a sentence. Presently, three other Missouri defendants are awaiting sentencing, while the cases of six more are still pending.
Kumer was working at Northland Church KC when he was arrested, as stated on the church’s website. However, following the public announcement of the charges against him, his photo was removed from the “Meet Our Team” section.
According to the sentencing memorandum released by the government, Kumer’s actions on January 6 were a blatant disregard for the law. It was part of a larger riot that nearly succeeded in obstructing the certification vote, which would have disrupted the peaceful transfer of Presidential power and caused a Constitutional crisis in the United States.
According to government reports, Kumer had already witnessed the riot and violence against the police on the West Plaza before deciding to advance towards the Inaugural Stage and enter the Lower West Terrace tunnel. Once inside the narrow tunnel, Kumer actively participated in at least five different attempts to push against the outnumbered police for almost twenty-five minutes. During one of these attempts, MPD Officer Hodges was pinned against a doorway and suffered bodily injury. This incident resulted in one of the most poignant images from the day, as Hodges screamed out in pain and fear. Kumer was among the participants in this particular push.
Kumer accomplished all of this with his mother, who is 71 years old, accompanying him.
According to the document, Kumer was found to have lied to the FBI during his interview. He denied engaging in any form of violence against law enforcement officers and claimed that he had no conflicts with them.
According to the government, Kumer is an ex-church minister who currently runs a silkscreen printing business.
The filing stated that Kumer, who previously served as a church minister and is now a middle-aged adult, held a position of trust within his community. Given his standing, it was expected that he would display better judgment and refrain from participating in a violent riot that posed a threat to the peaceful transfer of power. Furthermore, he should have been aware of the danger he put his 71-year-old mother in by involving her in the riot. The lies he spread after the incident, where he claimed that the rioters were “respectful” and even “waved in,” were particularly harmful, especially considering his influential position in the community.
In the document submitted by Kansas City attorney J.R. Hobbs for Kumer’s sentencing, it was requested that he be given either probation or a “non-custodial sentence.”
Hobbs stated that Mr. Kumer takes complete responsibility for his criminal actions and will not minimize or justify them in any way.
According to Hobbs, Kumer’s behavior was unusual and not in line with how he lived his life. Kumer was dedicated to his wife, family, and serving the youth in the Kansas City region.
In this case, a non-custodial sentence would effectively meet the statutory goal of imposing a “just punishment for the offense” to which Mr. Kumer pleaded guilty. Moreover, the probability of Mr. Kumer engaging in future criminal activities is extremely low.
Kumer received support from five letters which were included in the document.
According to Mark Opara, Kumer had been involved in coaching the youth residing in a low-income housing complex as a part of the outreach ministry at Northland Kansas City church. Opara expressed his shock upon learning about the circumstances that led Kumer to his current situation.
Opara expressed her unwavering belief in Mr. Kumer’s character, stating that his past mistake does not define him. She confidently affirmed that he has the potential to redeem himself and use his experience as a platform to educate young people about the lasting consequences of making poor choices. “I know Mr. Kumer’s heart,” she said, emphasizing his genuine concern for the youth.
As part of his plea agreement, Kumer signed a statement of offense detailing his actions on January 6th. According to the statement, he and his mother were present on the West Plaza of the Capitol building by at least 2:30 p.m. that day. It further noted that barricades had been removed, and numerous officers were attempting to control the crowd.
According to a statement, during the following 20 minutes, the duo made their way towards the Lower West Terrace and ultimately reached the stage that was being set up for the inauguration of President Joe Biden. Kumer joined the crowd in chanting “Whose House? Our House!” and pumped his fists in the air.
At approximately 2:56 p.m., Kumer and his mother navigated through the crowd on the Lower West Terrace and arrived at the entrance of the tunnel that leads into the Capitol.
According to the government, around 3:04 p.m., the rioters who were present in the tunnel formed a group and initiated a rocking motion while pushing against the police line. They chanted “HEAVE! HO!” while doing so. Kumer also participated in this group effort and turned his back towards the police line, pushing against the other rioters in front of him.
As they moved deeper into the tunnel at around 3:08 p.m., the crowd synchronized to make a second push against the police line with a collective “Heave Ho.”
According to the statement, Kumer positioned his body in a way that his back was facing the rioters who stood between him and the police. He then began to exert pressure against them while shouting out, “Let’s go! C’mon! Let’s go!” to motivate the other rioters to push against the police as well.
According to the document, Kumer and his mother remained at the scene even after many of the rioters had left at approximately 3:10 p.m.
The government reported that at around 3:12 p.m., a third round of forceful shoving commenced in the tunnel, and Kumer eagerly participated. It was during this collective push that MPD Officer Daniel Hodges was caught between the doorway’s frame and the agitated mob. Sadly, a rioter holding a looted riot shield was also pressing against him, exacerbating the situation.
According to the statement of offense, Kumer and his mother chose to stay inside the tunnel despite others leaving. Eventually, Kumer participated in another group’s efforts to push forward at approximately 3:16 p.m. However, police were able to successfully push them back towards the entrance just two minutes later. Kumer and his mother were among the last rioters to exit the tunnel, as stated in the offense report.
According to the government, Kumer lingered close to the police line at Lower West Terrace for a few more minutes. During this time, Officer Fanone was pulled into the crowd and as he struggled to make his way back to his fellow officers at the tunnel, Kumer was present. Notably, Kumer even reached out and touched Fanone at that moment.
According to Hobbs’ argument in Kumer’s sentencing memorandum, Kumer did not intend to harm Fanone when he touched him. Instead, Kumer was attempting to assist Fanone in rejoining the other officers.
According to the probable cause statement filed with Kumer’s charges, two tips were received by the FBI following the riot, both of which claimed that Kumer was present at the Capitol on that day. One of the tipsters was a relative who stated that Kumer had initially shared photos and videos from the Capitol on his Facebook page, but removed them a few days later. Along with the tip, screenshots were provided to the authorities from Kumer’s Facebook page, which contained discussions about his experience at the Capitol, as well as a video of the Lower West Terrace.
According to the affidavit, Kumer was interviewed by authorities at his home in Kansas City on approximately November 17, 2021. During the interview, Kumer openly admitted to being present at the Capitol on January 6th and even showed videos and photos that he had taken on his cellphone. Additionally, he confessed to being in the tunnel and assisting the crowd in pushing against the police line. However, Kumer denied entering the Capitol itself.
According to the affidavit, Kumer explained that he was trying to shield his elderly mother from getting hurt by the crowd. He shared that he had brought his mother to the tunnel so she could have a complete experience of the event.
Upon departing from the Capitol, Kumer proceeded to send multiple text messages regarding the riot to various individuals, according to the government’s filing. One of the messages read:
“We were able to honor God with our hearts and actions today,” said the speaker.
