Metal Rose’s Account of Jon Schaffer’s Sentencing Court Hearing
- Rose Osipavicius
- Oct 28, 2024
- 13 min read
Updated: Dec 26, 2024

Disclaimer: This is a personal account of my experience during Jon Schaffer’s sentencing court date. It should not be confused with Jon’s court transcripts, which I will obtain very soon. I have already initiated payment for them. At the outset, I wish to mention that while I endeavored to take detailed notes, the sheer quantity of information necessitated strategic paraphrasing for brevity in order as much as possible. I thoroughly verified my work by examining all available court documents.
On October 25, 2024, my good friend David Meyers and I attended the sentencing hearing for Jon Schaffer, the founder and leader of the band Iced Earth. I took detailed notes to gain a deeper understanding of the case beyond the media's portrayal.
At the courthouse, Jon Schaffer maintained his composure and displayed a positive attitude, greeting friends and family, including notable attendees Matt Barlow and Freddie Vidales, formerly of Iced Earth. Following a gracious handshake and words of appreciation to David and me, we entered the courtroom and took our seats.
Upon Honorable Judge Amit Mehta's entrance into the courtroom, all individuals present rose to their feet in accordance with standard courtroom protocol. Judge Mehta announced that the purpose of the gathering was the sentencing of Jon Schaffer, who was accompanied by his legal counsel, Marc J. Victor and Andrew C. Marcantel. The proceedings commenced with discussions regarding the previously agreed-upon plea arrangement between Jon Schaffer, his Attorneys, the United States Prosecution team, and Judge Mehta. The discussion centered on the charges levied against Schaffer.
Following his initial release from jail in April 2021, prosecutors and Schaffer’s attorneys agreed to recommend a prison sentence of three-and-a-half to four-and-a-half-years, contingent upon his cooperation with the government. This simply required him to not evade justice and to avoid imposing an undue burden on the criminal justice system.
Judge Mehta noted that Schaffer’s attorneys submitted 31 letters of recommendation from family and friends, after which a few family and friends were allowed to provide personal testimony about his character.
Matt Barlow presented a statement in court, establishing himself as Jon's brother-in-law, former bandmate and current law enforcement officer. He reflected on his time in Iced Earth and how Schaffer connected him to the music industry. Barlow also discussed his career transition to law enforcement and Schaffer’s unwavering support. He shared insights from his professional experiences with criminals, highlighting his efforts to facilitate their rehabilitation. Barlow stressed that numerous individuals who have broken the law, including Schaffer, seek to redeem themselves and start anew. He proposed that Schaffer, having had ample time for reflection, has learned from his mistakes and deserves a second chance, akin to others who have received similar opportunities. Barlow also noted Jon's affiliation with a respected church and his establishment of meaningful friendships over the past three-and-one-half-years, which have contributed to his personal transformation and growth. Barlow noted that Jon has provided livelihoods for a significant number of people during his 35-year tenure - similar to a small business owner - with Iced Earth operating as his business entity.
Freddie Vidales, a former member of Iced Earth, testified in court, sharing insights into his personal and professional relationship with Jon since 2008. He praised Schaffer’s ability to navigate the complexities of the music industry. Vidales highlighted Schaffer’s commitment to family, recounting a specific instance where Schaffer adjusted the tour schedule to accommodate a band member’s health needs. He also emphasized Schaffer’s empathetic support for another band member who needed time off to care for a family member.
Todd Wright presented a statement on Schaffer’s behalf, underscoring his experience as Schaffer’s martial arts instructor while addressing the physical challenges Schaffer has faced. Wright specifically noted spinal issues, which were mitigated through Wright's instruction, resulting in enhanced discipline, emotional control, and ultimately, improved Schaffer’s overall health and well-being. He recognized Schaffer’s passion for history, observing that he requested Schaffer’s guidance on historical outings. Todd spoke about how Schaffer attempted to educate him in the music recording process. Moreover, he shared that Schaffer has established a strong bond with Todd’s family, including his 5-year-old child, who greatly admires Schaffer. Wright noted Schaffer’s patience and kindness towards his child.
David Newman-Stump, an accomplished album illustrator, spoke to Judge Mehta on Schaffer’s behalf, recounting their 17-year friendship. Schaffer initially visited his studio and fell in love with his artwork, and they quickly formed a professional relationship that evolved into a close and enduring friendship. Newman-Stump underscored Schaffer’s unwavering loyalty, noting Schaffer’s introductions to numerous musicians, many of whom he remains in contact with and continues to create artwork for.
Following each testimony, Schaffer’s attorney requested that the judge recognize the individuals who attended but did not testify that day, with approximately 11 or 12 people in attendance.
During this time, Prosecutor Kathryn Rakoczy discussed Schaffer’s passion for history, describing his actions on January 6th as both “risky and brave.” She stated that Schaffer fully accepted responsibility for what he did. Prosecutor Rakoczy noted that he turned himself in immediately and never denied his actions. She addressed a photo of Schaffer, in which he appeared to be angrily pointing, but emphasized that he was in the Capitol for less than ten minutes. Prosecutor Rakoczy also mentioned that he did have bear spray but never deployed it. While she acknowledged that he yelled at the police, she clarified that he did not harm them. Furthermore, she pointed out that he was not associated with the Oath Keepers at the Capitol that day, contrary to media reports. She also mentioned that he was not part of any group chats or phone calls related to the planning for January 6th and did not possess extensive information about the Oath Keepers.
Schaffer’s attorney, Marc Victor, presented Schaffer to address the court, and his statement to the judge was virtually identical to the one posted on his lawyer's website, except that he stated his willingness to accept whatever sentence the judge deemed appropriate.
“To my family, friends, and fans worldwide:
I profoundly regret my actions on January 6th, 2021. I haven’t been a perfect man, but for the majority of my life, I’ve been a very productive man, and have tried to live my life with integrity and a disciplined work ethic. I deeply love our country and the founding principles that have inspired people from all over the world to look at the USA as a beacon of hope for all of humanity. Having traveled the world for over 30 years and having performed in approximately 100 countries, it was always a great feeling and relief when the airplane would safely land at home on US soil.
When the global pandemic came upon us, and chaos ensued all around the US in 2020, I was very concerned about what seemed to be a collapse of our country and the rule of law. When the 2020 election took place and I saw many public officials and media outlets reporting that the election was stolen, my concern deepened. This led to my decision to go to D.C. and have my voice heard. I’m not excusing my impulsive behavior. I was wrong, and I take ownership of my actions. I own the fact that I made a huge mistake, and I wish I never would have gone there. In fact, the consequences have been devastating on my life, family, friends, business, colleagues and business partners.
I knew immediately that I had let my emotions get the best of me and made a terrible mistake. I drove home to Indiana the following morning on Thursday, January 7th, 2021. On the 8th I found my attorneys, and at my request they immediately reached out to the authorities. I willingly surrendered and cooperated with authorities. Initially, I was charged with multiple serious federal felony offenses and feared I may spend the rest of my life in prison. I spent several months in custody following my self-surrender. I was placed in solitary confinement with horrendous conditions, which was an extremely traumatic experience. I became the first person of the hundreds of co-defendants to enter a guilty plea, and have now been sentenced to probation.
Until now, I have resisted the strong urge to issue a public statement due to my ongoing cooperation and the wishes of federal authorities. This extended period of silence has added additional challenges to my life as a public person. Since the beginning, I wanted to express my remorse for my actions and address the legitimate concerns of my fans worldwide. I watched as one media outlet after the next dragged my reputation through the mud and condemned me for not making any statement. However, I tried to be as productive as possible in lieu of my very damaged reputation and career.
This whole situation has been extremely difficult. However, I know that I have become a better man because of it. I used to stay so busy that I didn’t have much time for self-reflection. In the last three and a half years that’s mostly what I’ve done. I have become a member of a wonderful church and improved myself spiritually, mentally, and physically. This personal revival has inspired me to continue writing and recording music. I’m certain there will be a very positive outlook in my future artistic creations.
To my fans who have continued to support me throughout this deeply embarrassing ordeal, I want to apologize for letting you down and thank you for keeping me going. To those fans who I have lost due to my decisions that day, I certainly understand. I humbly ask everyone to allow me to demonstrate through my actions how far I’ve come. I wish to continue to use my art to unite people, and never to divide.
Sincerely,
Jon Schaffer”
Schaffer’s attorney, Mr. Victor, then spoke to Judge Mehta. He expressed that he wished that Judge Mehta had more time to get to know Mr. Schaffer, stating that Schaffer is a very special and unique individual. Mr. Victor expressed gratitude for the opportunity to know Schaffer and be his friend. Mr. Victor emphasized Jon’s remorse for his actions and highlighted how much Schaffer cooperated from the outset. He expressed Schaffer’s belief, at the time, that the election was fraudulent and stolen, which led him to believe that the country was under attack.
Attorney Victor stated that he believes Schaffer was intentionally misled by certain individuals, particularly those in the executive branch of the United States government. He pointed out that Schaffer was interested in the Oath Keepers because he valued honesty and keeping an oath. Jon had owned an Oath Keepers hat but only knew a couple of people in the group. He did not participate in any plans to attack the Capitol and was not involved in any group texts or phone calls.
Although Schaffer had bear spray with him that day, Attorney Victor reminded the judge that he never used it. Mr. Victor stated that he brought the bear spray because Schaffer heard that members of other violent groups may attack him and other rally attendees. Mr. Victor further elucidated upon Schaffer's experience that day, noting he was pushed around the crowd and worried about the safety of himself and others. He reiterated that Schaffer was deeply misled that day and that Schaffer recognized this himself.
Mr. Victor stated that Schaffer’s time in custody was extremely traumatic due to solitary confinement and degrading treatment. He also mentioned that a glitch in the court system resulted in the leak of confidential plea agreement discussions between the prosecution and defense to the press. This leak led to Schaffer being transferred from one jail to another in the middle of the night for his safety. Furthermore, Mr. Victor mentioned that shortly after his release, some frighteningly loud bangs were heard right outside the front door of the home he was staying in.
Mr. Victor was offended that Schaffer was labeled as racist, especially considering he had performed internationally in over 100 countries. This accusation, along with misleading media articles as a result of Schaffer’s leaked negotiations, created a deep misconception among the public. Many believed that Schaffer had somehow been involved in snitching on others, despite the fact that he did not personally know anyone associated with the Oath Keepers. As a result, Schaffer’s career was “canceled,” his credit cards were revoked, and he chose to remain silent to comply with the government’s wishes. However, his three-and-a-half-year silence led to online backlash and strained his relationship with his daughter.
Mr. Victor described Schaffer as a good man and a patriot. He noted that one of Schaffer’s bands was called “Sons of Liberty,” which he believed demonstrates Schaffer’s deep love for the United States. Additionally, he shared that Schaffer has been writing poetry and music since the ninth grade.
Mr. Victor emphasized that Schaffer has always been a dedicated and generous citizen, having worked hard throughout his life. He pointed out that Schaffer transitioned from making hit records to working full-time during this period. Schaffer is very patriotic and even has a tattoo of Benjamin Franklin, George Washington, and Thomas Jefferson.
Mr. Victor also highlighted Schaffer’s success on probation over the past three years, arguing that the three months Schaffer spent in solitary confinement, followed by three years of probation, should be considered sufficient punishment.
Mr. Victor highlighted Schaffer’s recent health struggles and his lack of prior convictions, recommending a reduced fine of $200 instead of $2,000. He argued that a lower fine would alleviate the substantial financial burden imposed by this incident, especially considering the pending civil lawsuit filed by the District of Columbia.
Mr. Victor noted that Schaffer was only in the Capitol for less than ten minutes, during which he caused no damage and did not engage in any violent behavior. He expressed gratitude to the judge for considering his requests.
Finally, Judge Mehta expressed his thoughts on Schaffer’s case and his sentencing. He conveyed regret regarding Schaffer’s estrangement from his daughter and his health issues. The judge acknowledged Schaffer’s childhood trauma, as well as his life and career. He referenced an unflattering video of Schaffer from November 2020 but emphasized that Schaffer was not involved in any Oath Keepers chats or phone calls.
The judge noted that Schaffer had admitted to attempting to obstruct an election as part of his plea deal. Having presided over numerous cases, Judge Mehta pointed out Schaffer’s cooperation. However, Judge Mehta shared that it did not have the impact he had hoped for. Initially, he viewed Schaffer as a symbol of the events of that day and had hoped that he would be able to provide more information regarding the Oath Keepers. Unfortunately, evidence showed that Schaffer did not possess the desired information.
While acknowledging that Schaffer was not responsible for the injuries suffered by law enforcement during the events, the judge stressed the importance of not minimizing what happened that day. He recognized Schaffer’s character, noting that he accepted responsibility right away. The judge understood that Schaffer truly believed the situation was a false flag, but he stated that this belief was unfounded. He clarified multiple times that Schaffer did not engage in any violence or destruction on January 6.
Judge Mehta also mentioned that he had the opportunity to listen to some of Schaffer’s music. He remarked that the music was not to his “Cup of Tea”- prompting laughter from the courtroom - but then added that this was the "beauty of music” and that music is "universal." He expressed admiration for Schaffer and acknowledged the impact his music has had around the world. The judge emphasized that people make mistakes and that Schaffer should be forgiven. He affirmed that Schaffer possesses the gift of art, music, and poetry, telling him that he deserves forgiveness, expressing hope that Schaffer could regain his career.
In conclusion, Judge Mehta imposed a sentence of 36 months of probation, 120 hours of community service, and a restitution fine of $1200 on Schaffer. With no objections from the prosecutor or counsel, he then expressed his hope that Schaffer can now close this chapter in his life and move forward in a positive direction, as he deserves to.
My personal takeaway is that Jon took responsibility for his actions and has a profound love for our country. It’s important to note that Jon was not an active “Lifetime Member” of the Oath Keepers, so he had no information to provide to the United States government. Jon was not involved in the planning of January 6th, as he had no part in any group chats or phone calls. This evidence is clear. Personally, upon reviewing the media coverage, I noticed that this particular critical detail has been consistently overlooked, substantially impacting the public's understanding of Jon. I feel it is imperative that the accurate information be brought to light. I can only hope that reason and sensibility will prevail and Jon will be vindicated when the court transcripts are publically released.
I believe some articles need correction, particularly the one claiming that law enforcement was searching for Jon. In reality, it was a process server for the city of the District of Columbia civil lawsuit who mistakenly obtained the wrong address for him. Furthermore, “Blabbermouth” and “MetalSucks” published sensationalized articles that incited outrage among former fans and trolls. Notably, Dee Snider's derogatory remarks and labeling of Jon as a snitch have been particularly misleading. I plan to write an article that outlines a clear timeline of all the events that transpired during this process. The media failed to consider how their reporting damaged Jon’s relationships with his family, friends, and bandmates, especially his daughter. No one deserves to lose everything and everyone because of one mistake in their life, especially when that mistake did not cause harm or destruction to anyone.
It’s important to clarify that Jon did not “snitch” on anyone, as he had no information to provide. This is evident from the fact that he did not testify as a witness at neither a trial, nor a grand jury. The narrative suggesting that he was hiding or avoiding the law is unfounded. Jon turned himself in after 11 days with the assistance of his lawyer. Additionally, the recommendation of six months of home confinement during sentencing was a mistake made by the prosecution. In court, it was acknowledged that this recommendation originated from a prior filing and was not intended to be pursued. All of these facts can be verified by reviewing the court documents.
It is essential to recognize that media narratives often represent the author's opinion, which can be misleading due to the omission of crucial facts. I encourage readers to engage in thorough research and form their own opinions, regardless of the issue at hand. My longstanding support for Jon stems from my understanding of the verifiable facts surrounding his case, which I obtained by thoroughly reviewing publicly available court documents and attending his sentencing hearing. I recommend that others take a similar approach, conducting their own research to gain a comprehensive understanding. Furthermore, I firmly believe that individuals should not be judged in the court of public opinion without access to all the pertinent facts. Jon Schaffer was subjected to unwarranted criticism and scrutiny from the media and former fans who failed to grasp the facts, instead blindly following a misleading media narrative and engaging in harassment, judgment, and ridicule. This behavior also targeted individuals like myself, who attempted to critically evaluate court documents, only to face online bullying. However, their opinions held no significance for me, as I was aware of the truth. I hope this article will inspire others to stand by their convictions and support those they believe in.
If you want to hear my commentary on this case, follow the link below.
I personally want to thank you Metal Rose, for this very detailed, and excellent write up. After reading it twice before leaving any comment, to make sure that I did not miss-interpret anything, and that I did not miss anything. It was great to see that the support system for Jon that were able to attend was great to hear. And the larger group of fans that were not able to attend, but have supported Jon since day one. I also have had issues in the last 4 years that had me question a lot of things that we as the shareholders of the United States have been put through.
I would be lying, if I did not feel s…