Rochester Voice 1:38 p.m.
Tuesday, September 27, 2022 1:38 pm
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WASHINGTON - The Lebanon, Maine, man accused in the Jan. 6 unrest at the Capitol has been found guilty today on all felony and misdemeanor counts following a four-day bench trial in August.
Kyle Fitzsimons, 39, was found guilty of a total of 11 charges, including seven felonies. The verdict, announced today, followed a bench trial that took place in the District of Columbia last month before the federal judge for the District of Columbia Rudolph Contreras.
According to the government's evidence, on Jan. 6, 2021, between 3:45 and 4:30 p.m., Fitzsimons was illegally on the Capitol grounds and among a crowd of rioters confronting law enforcement officers at the tunnel area of the Lower West Terrace of the Capitol Building. He was wearing a white butcher's jacket and a fur pelt and carrying an unstrung bow. While in that area, Fitzsimons committed five assaults against law enforcement officers during a five-minute span.
First, Fitzsimons hurled an unstrung bow like a spear at the group of law enforcement officers. The object hit an officer with the Metropolitan Police Department (MPD) in the ballistic helmet and bounced off. Fitzsimons reached for and made forcible contact with an MPD detective immediately before another rioter sprayed him with a chemical agent. Fitzsimons also tried to pull a fallen officer into the mob. A sergeant from the U.S. Capitol Police tried to protect the fallen officer, and Fitzsimons grappled with him, pulling on his shield and shoulder strap, causing injuries to the sergeant's shoulder that necessitated surgery. Finally, Fitzsimons twice charged the group of officers, wildly swinging his fists. He eventually retreated.
Fitzsimons was arrested on Feb. 4, 2021, in Lebanon. He is to be sentenced on Feb. 17.
Fitzsimons was found guilty of seven felony charges: one count of obstruction of an official proceeding; four counts of assaulting, resisting, or impeding law enforcement officers, including two involving a dangerous weapon or bodily injury; one count of interfering with a law enforcement officer during a civil disorder, and one count of engaging in physical violence in a restricted building or grounds. He also was found guilty of four misdemeanor charges including: entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol Building or grounds; and committing an act of violence in the Capitol Building or grounds.
The felony charges carry a total statutory maximum of 91 years in prison and potential financial penalties. The four misdemeanor offenses carry a combined statutory maximum of three years of incarceration and potential financial penalties. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In the 20 months since Jan. 6, 2021, more than 870 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 265 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.