WASHINGTON - A federal judge today ordered that the Lebanon, Maine, man charged in the Jan. 6 attack on the Capitol continue to be held while awaiting trial.
Magistrate Judge G. Michael Harvey of the U.S. District Court for the District of Columbia ruled that the totality of the evidence against Kyle Fitzsimons, 37, of Gully Oven Road, showed that his demeanor on Jan. 6 at the Capitol to be "menacing" and "intimidating," which showed him to potentially be a danger to the community.
"The video shows me what you did that day," Harvey said. "I saw violent assaultive conduct on your behalf against the officers in that police line. You show us someone who has a passionate belief who can lose control and become violent like a bomb waiting to go off."
In arguing Fitzsimon's case for bail, public defender Greg Hunter pointed out that his client had no criminal history except for a DUI more than a decade ago and an invalid auto registration a couple of years ago.
He also said surveillance and body cam video of Fitzsimons' conduct on Jan. 6 did not convincingly show whether Fitzsimons had attacked Capitol police or he was pushed toward police and was defending himself.
But Harvey disagreed and said it showed him well enough that Fitzsimons' conduct that day was violent.
Harvey, however, also pointedly questioned the prosecutor in the case, Assistant U.S. Attorney Puja Bhatia, asking her why no plea deal had been offered Fitzsimons.
"Why no plea deal, the government doesn't need more investigation for this case," Harvey said adding that that Fitzsimons was not part of any organized violence like the Proud Boys or the Oath Takers.
"This is not a complex case," he added. "Three months in, no plea?"
Fitzsimons, 37, is currently being held at the DC Central Detention Facility after being transferred there on March 22 following a six-week stint at a Rhode Island jail.
A Feb. 26 10-count indictment charges him with obstruction of an official proceeding, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, act of physical violence in the Capitol grounds or buildings, two counts of civil disorder and two counts of inflicting bodily injury on certain officers.
Fitzsimons faces more than 40 years in jail if convicted on all counts.