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Justice News

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

Friday, December 16, 2022

Maryland Man Arrested on Felony Charges For Actions During Jan. 6 Capitol Breach

Defendant Accused of Assaulting Officer, Stealing Riot Shield, and Throwing Objects at Police

            WASHINGTON — A Maryland man has been arrested on felony charges, including assaulting a law enforcement officer, for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. 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.

            Scott Miller, 36, of Smithsburg, Maryland, is charged in a criminal complaint filed in the District of Columbia with assaulting, resisting, or impeding officers, civil disorder, theft of government property, 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, impeding passage through the Capitol grounds or buildings, and an act of physical violence in the Capitol grounds or buildings. He was arrested this morning in Smithsburg, Maryland and is expected to make his initial appearance later today in the District of Columbia.

            According to court documents, on Jan. 6, 2021, Miller was among a mob illegally massed on the Lower West Terrace and in an Archway and tunnel that leads into the Capitol Building. At approximately 4:27 p.m., he entered the area near the tunnel. Law enforcement officers had formed a protective line with riot shields at the entrance to the tunnel in efforts to keep the rioters outside. Miller advanced until he was positioned immediately in front of the police line. He then swung and struck a police officer with a long wooden pole.

            At approximately 4:31 p.m., Miller was positioned on the steps of the Lower West Terrace, holding what appears to be a baton or stick. He threw the item towards the entrance to the tunnel, where a line of police officers was positioned. He then threw at least three other items, including a large audio speaker, at the line of police officers.

            At approximately 4:33 p.m., Miller again positioned himself immediately in front of the police line. He then swung a large pole or stick multiple times, striking a number of officers in the police line. Shortly thereafter, Miller grabbed a police riot shield which was being held by two police officers, and forcibly pulled the shield away from the officers. Miller took the shield into the crowd on the Lower West Terrace and handed it to another rioter.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Maryland.

            The case is being investigated by the FBI’s Washington Field Office, which identified Miller as #132 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 23 months since Jan. 6, 2021, close to 900 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 270 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

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Updated December 16, 2022