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Press Release

Virginia Man Arrested on Charges For Assault on Law Enforcement During Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, District of Columbia
Assailant Accused of Spraying Chemical Irritant

            WASHINGTON — A Virginia man was arrested today for assaulting law enforcement during the breach of the U.S. Capitol on Jan. 6, 2021, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

            Markus Maly, 47, of Fincastle, Virginia, is charged in a criminal complaint 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. He was arrested in Fincastle, Virginia, and will make his initial appearance today in the Western District of Virginia.

            According to court documents, on the afternoon of Jan. 6, Maly pointed and sprayed a chemical irritant at a line of police officers attempting to secure the area of the Lower West Terrace of the Capitol Building. He additionally assisted a second person who has been charged with spraying law enforcement –identified as Jeffrey Scott Brown, 55, of Santa Ana, California – by handing him a can of spray. Brown, who earlier was charged with various felony offenses, has pleaded not guilty and is awaiting further proceedings. Later in the afternoon, Maly exited the tunnel area with what appears to be a riot shield.

            On Jan. 6, according to the documents, Maly messaged his girlfriend in response to her concern about violence at the Capitol, and wrote, “I know …I’ve got stories though,” and “I was so fun …,” “It..” The following day, he stated in one conversation on social media that, “I stood my ground and went back for seconds and thirds even.”

            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 Western District of Virginia.

            The case is being investigated by the FBI’s Richmond Field Office’s Roanoke Resident Agency, and the FBI’s Washington Field Office, which identified Maly as #324 in its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the one year since Jan. 6, more than 725 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 225 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

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


Updated January 26, 2022

Violent Crime
Press Release Number: 22-12