Virginia man accused of using pepper spray on police during Capitol insurrection faces judge

Court paperwork claims Markus Maly’s actions were caught on video.
Published: Oct. 21, 2022 at 6:50 PM EDT
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WASHINGTON (Gray DC) - A Virginia man accused of using pepper spray on police during the January 6, 2021 Capitol insurrection will see his case go to trial.

Markus Maly of Fincastle was initially charged with assaulting, resisting, or impeding officers; using a dangerous weapon or inflicting bodily injury; civil disorder; engaging in physical violence in a restricted building or grounds; and related offenses.

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Documents submitted to the federal court claim video shows Maly spraying what appears to be pepper spray on a “line of officers” who were attempting to secure the lower west terrace of the U.S. Capitol. Prosecutors allege Maly also assisted a second person by handing a can of spray to a man from California. That man was also charged in connection to the riot.

Prosecutors said Maly later was captured on video inside a U.S. Capitol tunnel area holding what appears to be a riot shield.

According to the documents, Maly messaged his girlfriend in response to her concern about violence at the Capitol. In those messages, he wrote, “I know …I’ve got stories though,” and “I was so fun …,” “It..” The next day, those court documents claim, he went on to post in a social media conversation, “I stood my ground and went back for seconds and thirds even.”

Investigations of the insurrection at the U.S. Capitol on January 6th led to the arrests of more than 725 people across nearly all 50 states. More than 225 of those people were charged with assaulting or impeding law enforcement.

Maly didn’t appear before the judge on Friday but his lawyer did on his behalf. The judge set a jury selection date for Maly and two other defendants on November 22 with opening arguments set for the 29th.

The U.S. Capitol breach on January 6, 2021 forced Congress to evacuate on the day when lawmakers are scheduled to count the electoral ballots and certify President Joe Biden’s election victory. Lawmakers returned that night to finish the certification once the complex was secured by DC Metropolitan Police, the National Guard and U.S. Capitol Police.