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Press Release

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

For Immediate Release
U.S. Attorney's Office, District of Columbia
Assailant Sprayed Chemical Irritant at Officers

            WASHINGTON — A Virginia man was sentenced today for assaulting law enforcement 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 that was in the process of ascertaining and counting the electoral votes related to the 2020 presidential election.

            Markus Maly, 49, of Fincastle, Virginia, was sentenced to 72 months in prison, 36 months of supervised release. Maly was found guilty of interfering with police during a civil disorder; two counts of assaulting, resisting or impeding certain officers using a dangerous weapon; entering and remaining in a restricted building with a dangerous weapon; disorderly or disruptive conduct in a restricted building or grounds with a dangerous weapon; engaging in physical violence in a restricted building or grounds with a dangerous weapon, all felonies; disorderly conduct in a Capitol building, and act of physical violence in a Capitol building or grounds. Maly was found guilty on Dec. 6, 2022, following a jury trial before U.S. District Court Judge Amit P. Mehta.

            According to court documents and evidence presented by the government at trial, 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 co-defendants Jeffrey Scott Brown and Peter Schwartz with spraying law enforcement by taking a can of spray from Schwartz and handing the can to Brown. Later in the afternoon, Maly exited the tunnel area with a riot shield and testified that he intended to take the shield home as a trophy.

            On Jan. 6, 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[t] was so fun …” The following day, he stated in one conversation on social media that, “I stood my ground and went back for seconds and thirds even.”  He also told another individual through social media, and later admitted on the stand at trial, that his participation in the events of January 6 was “fun.”

            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 29 months since Jan. 6, more than 1,000 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 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

Updated June 9, 2023

Violent Crime
Press Release Number: 23-313