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Justice News

Department of Justice
U.S. Attorney’s Office
District of Columbia

Friday, February 5, 2021

Maine Man Charged in Federal Court for Assaulting and Impeding Law Enforcement Officers during U.S. Capitol Breach

Man Charged Police Line in Effort To Halt Certification of Presidential Election

            WASHINGTON, D.C. – A Maine man appeared today in the United States District Court for the District of Maine on charges stemming from his assault on local law enforcement officers, as well as other crimes, during the riots at the U.S. Capitol on January 6 that disrupted a Joint Session of the U.S. Congress in the process of affirming Presidential election results.

            Michael R. Sherwin, the Acting United States Attorney for the District of Columbia, and Halsey Frank, United States Attorney for the District of Maine announced the charges.

            Kyle Fitzsimons, 37, of Lebanon, Maine, was charged by criminal complaint with one count of assault on a federal officer, in violation of Title 18, United States Code, Section 111(a); one count of certain acts during a civil disorder, in violation of Title 18, United States Code, Section 231(a); one count of unlawful entry in restricted building or on grounds, in violation of Title 18, United States Code, Section 1752(a); and one count of violent entry and disorderly conduct on Capitol grounds, in violation of Title 40, United States Code, Section 5104(e)(2).

            Fitzsimons made his initial appearance in the District of Maine this morning where United States Magistrate Judge John Rich ordered Fitzsimons held preliminarily pending a detention hearing scheduled for February 11.  

            The affidavit in support of the criminal complaint against Fitzsimons alleges that on January 6, Fitzsimons pushed against and grabbed officers who were holding a police line in an arched entranceway on the lower west terrace of the U.S. Capitol building.  Video surveillance footage captures Fitzsimons at the terrace archway, in the front of a group of rioters, charging the police line and swinging at Metropolitan Police Department officers.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the District of Maine.  The case is being investigated by the FBI’s Boston and Washington Field Offices, along with the Metropolitan Police Department and the United States Capitol Police.

            A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.

            The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email or submit information anonymously via

            The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at

Press Release Number: 
Updated February 5, 2021