Burgettstown man pardoned in Capitol riot back in jail
NEW CUMBERLAND, W.Va – A Burgettstown man pardoned for his involvement in the Jan. 6, 2021, Capitol insurrection is back behind bars.
Joshua Atwood self-reported Wednesday to the West Virginia Northern Regional Jail, where he will serve six months as part of a May plea deal for stabbing a Chester restaurant owner in 2023.
The six months may not be the entirety of his incarceration, as he is scheduled to reappear in court for consideration of credit for his time spent in federal custody.
The charges against Atwood originally had been malicious wounding and armed robbery.
Ultimately, Atwood agreed to enter a guilty plea during a May court hearing before Hancock County Circuit Court Judge Joe Barki to unlawful assault, a lesser felony charge. Prosecutors agreed to dismiss the armed robbery charge as a result.
The victim, Jose Mocias-Onate, who had been owner of the Crazy Donkey Mexican Cuisine restaurant, was in court for the May hearing.
Barki sentenced Atwood to between 1 and 5 years in jail with the status hearing scheduled after six months to examine his credit request.
Chester Police Chief Chuck Stanley explained, “At that time, (Barki) will decide whether to award him credit for the time he was in federal custody over the Jan. 6 (riot).”
Adjudication of the Hancock County criminal case had been delayed, as Atwood was identified from his mugshot by a scar as “Lead Pipe Guy” after the Chester crime was committed.
A Hancock County grand jury had indicted Atwood but hadn’t arraigned him in Circuit Court before federal law enforcement arrested him on the riot charges.
Hancock County continued his bond, waiting for his eventual release, which came early with President Trump’s pardon.
According to reports at the time, Atwood was arrested in May 2023 in Frankfort Springs, Pa., after being sought for a month in connection with the stabbing. He reportedly had been working as a handyman for Mocias-Onate at the time of the incident.