Erik Herrera
Erik Herrera was born in 1980in San Diego, CA, and is a first-generation Mexican-American. He was raised with a strong work ethic and deep family values. After arriving home from school and with help from his father, Erik developed his photography skills. He furthered his passion for photography through his studies at Grossmont College and, over time, grew his talent into a successful career as an award-winning photographer. Erik has self-published three photography books and is now an experienced photojournalist covering protests and political rallies as a conservative Latino.
Similar to rallies he attended in the past, Erik participated in the January 6th “March to Save America” as an independent photojournalist. He was among the groups entering the Capitol at the Senate Fire Door. His goal was to take photos of the historic event. Despite the fact it’s perfectly legal and appropriate for a person to make their own press badges, prosecutorsattempted to undermine Erik’s legitimacy because he acquired a custom-made press badge. Erik’s sole purpose for wearing the press badge was to clarify the purpose of his presence at the rally.
Erik shared a photo of himself inside the Senate Parliamentarian’s office, wearing a gas mask and holding documents that had been tossed around by someone else. However, there is no evidence that he engaged in violence or destruction of any property. “I wasn’t thinking much,” Erik stated. “I just wanted a picture.”
Based on that photo, Erik was identified by a tipster two months later. There is a group of unemployed women who, to this day, do image searches for J6rs under the title “sedition hunters,” and then tip off the FBI. FBI agents served Facebook with a search warrant which allowed them access to Erik’s’ account. Following the search, Erik was arrested on August 19, 2021, in Los Angeles, CA.
Erik was found guilty by a jury in the U.S. District Court in the District of Columbia on January 13, 2023, and sentenced to 48 months in prison for the felony offense of obstruction of an official proceeding (this is the statute being challenged at the Supreme Court) and four misdemeanor offenses, including entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a Capitol Building; disorderly conduct in a Capitol Building, and parading, demonstrating, or picketing in a Capitol Building. District Court Chief Judge Beryl A. Howell also ordered three years of supervised release, $2,000 restitution, a fine of $1,000, and a special assessment of $170.
Although Erik’s four misdemeanor offenses carried a maximum of three years combined, the felony offense of obstruction of an official proceeding carried a maximum of twenty years in federal prison. Defense lawyers, representing various individuals who were on the grounds of the Capitol on January 6, argue that the government was stretching the statute far beyond its intended scope.
The measure concerning “obstruction of an official proceeding” was enacted in 2002 as part of the Sarbanes-Oxley Act, legislation designed to prevent the destruction of documents during an SEC investigation.This law aimed to enhance transparency and accountability in the corporate sector and was never intended to be used against political protestors.
Unfortunately, this provision has been used to add a felony to J6 sentencesand added years to sentences for many folkslike Erik, who have been convicted under the obstruction count. As a result, Erik and many other defendants find themselves facing more severe sentences than they would have otherwise.
While Eric does not have a givesendgo page, he does need your prayers and support. You can write him here:
Erik Herrera,
#60957-509
FCI Terminal Island
Federal Correctional Institution
P.O. Box 3007
San Pedro, CA 90733
Release Date: 4/15/25