Maine Man Found Guilty of Felony and Misdemeanor Charges Related to Capitol Breach
Defendant Assaulted Multiple Law Enforcement Officers, Including by Throwing a Spear and Pulling on One’s Body Armor, Causing Career-Altering Shoulder Injury
WASHINGTON – A man from Maine was found guilty in the District of Columbia today of felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Kyle Fitzsimons, 39, of Lebanon, Maine, 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 Honorable 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 over an approximately 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, Maine. He is to be sentenced on Feb. 17, 2023.
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.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the Department of Justice National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office for the District of Maine.
The case is being investigated by the FBI’s Washington Field Office, which listed Fitzsimons as #139 on its seeking information photos. Valuable assistance was provided by the FBI’s Boston Field Office and its Portland Resident Agency, the U.S. Capitol Police, and the Metropolitan Police Department.
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.