Former ‘Bob’s Burgers’ actor to plead guilty to role in Capitol Breach

An actor and comedian who voiced a character on "Bob's Burgers" and had roles on "Better Call Saul" and "Mr. Show with Bob and David" has agreed to plead guilty next month to federal charges connected to the attack on the U.S. Capitol on Jan. 6, 2021.   

Jay Johnston, 55, of Los Angeles, faces charges of civil disorder, entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, and impeding passage through the Capitol grounds or buildings, according to documents filed in federal court in the District of Columbia.   

The docket for the case does not include a plea agreement. His change of plea hearing is set for July 8.

According to court documents, Johnston was near the front of the mob illegally amassed in the West Plaza of the Capitol building on Jan. 6, 2021.   

After police officers in the area were forced to retreat, Johnston, along with others, allegedly pursued the police to the Lower West Terrace and into tunnel that leads into the Capitol. At about 3:05 p.m., he entered the tunnel, documents allege.

While inside the tunnel, Johnston was allegedly handed a stolen U.S. Capitol police riot shield by other rioters. He then participated with other rioters in a group push effort against the police in the tunnel, federal prosecutors contend.

Johnston allegedly then walked back toward the entrance of the tunnel before turning around and again participating in another group push effort, during which the crowd called, "HEAVE! HO!" as it pushed against the police. Johnston left the tunnel at 3:13 p.m. carrying another stolen U.S. Capitol Police riot shield, which he handed to another rioter as he exited the tunnel, prosecutors allege.

Johnston had voiced the character of pizzeria owner Jimmy Pesto Sr. in episodes of "Bob's Burgers" during the Fox cartoon's first 11 seasons. He was let go from the show in 2021 after it came to light that he'd participated in the Capitol riot, according to published reports.

Like all Capitol breach arrests, the case is being handled in the District of Columbia.

In the 41 months since Jan. 6, 2021, more than 1,450 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 500 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.