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Jan. 6 rioter who maced Brian Sicknick sentenced to 80 months

Dozens of members of the Capitol Police turned out to witness Khater’s sentencing and remained for the entire four-hour hearing. Among them: Caroline Edwards, who was sprayed by Khater moments after Sicknick. Edwards delivered a courtroom statement describing “survivor’s guilt” for being unable to assist Sicknick because she, too, was incapacitated. Members of Sicknick’s family, including his longtime partner Sandra Garza, delivered scathing victim impact statements directed at Khater.

A medical examiner found that Sicknick’s death was the result of natural causes — two strokes that occurred in the evening of Jan. 6 resulting in his death the next day. But Sicknick’s family made clear they viewed Khater as culpable for his death, combined with the stress of the riot.

The hearing also laid bare how a series of mace attacks on Capitol Police officers early in the riot that day helped lead to the collapse of the police line and the breach of the Capitol building.

Prosecutors played footage showing that Khater’s attack caused not only the three injured officers to flee the outnumbered police line but several others to help guide them to safety while they were blinded by the spray. Prosecutors showed video of Sicknick pacing alone on a Capitol terrace, struggling to regain his sight and his balance. While he paces, a slew of other officers, also maced by the mob, joined him on the terrace, also struggling to return to action.

Five minutes after Khater’s spray attack, prosecutors noted, the police line collapsed and rioters reached the foot of the Capitol.

Hogan’s sentence was one of the harshest handed down to Jan. 6 defendants — far more than the sentence of time served sought by Khater, who has already served 22 months in pretrial detention – but it fell short of the 90 months sought by the government. Hogan said that was partly to account for what he described as inhumane conditions of the Washington, D.C., jail, which Hogan called a “disgrace.” The jail has been plagued by allegations of substandard living conditions and a pattern of mistreatment by corrections officials that have, at times, drawn rebukes from federal judges.

Hogan faulted Khater for refusing to directly apologize to Edwards or for the injuries he caused to Sicknick and others that day. Khater responded that he hadn’t made a more direct apology following the advice of his lawyers, and because he had recently been served with a civil lawsuit related to his actions.

Khater’s codefendant, George Tanios, was sentenced Friday to five months time served for his actions. He purchased and carried the spray used by Khater but took no part in the assaults.

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Jan. 6 rioter who assaulted Capitol Police Officer Brian Sicknick sentenced to over 6 years in jail



CNN
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A man who assaulted United States Capitol Police Officer Brian Sicknick with pepper spray on January 6, 2021, was sentenced on Friday to 80 months behind bars.

Julian Khater pleaded guilty in September to two counts of assaulting, resisting or impeding officers with a dangerous weapon. His co-defendant, George Tanios, pleaded guilty last summer to disorderly conduct and entering and remaining in a restricted building. Khater was also ordered to pay a $10,000 fine and $2,000 in restitution.

Tanios was sentenced to time served and one year of supervised release. He previously spent more than five months behind bars.

The day after the attack, Sicknick died after suffering several strokes. Washington, DC’s chief medical examiner, Francisco Diaz, determined that the officer died of natural causes and told The Washington Post that the riot and “all that transpired played a role in his condition.”

Sicknick’s family and partner were present for the sentencing and law enforcement officers dressed in uniform filled the courtroom.

According to the plea agreements, Tanios bought two cans of bear spray in preparation for his trip with Khater to Washington on January 6. During the Capitol attack, when the two men arrived near a line of police officers by the steps of the Capitol, Khater said to Tanios, “Give me that bear s**t,” according to the plea.

Khater took a white can of bear spray from Tanios’s backpack, walked up to the line of officers and, as rioters started pulling on the bike rack barrier separating them and the police, Khater sprayed multiple officers – including Sicknick – who had to retreat from the line.

One of those officers, Caroline Edwards, gave a witness impact statement before DC District Judge Thomas Hogan during the sentencing hearing.

“I felt like the absolute worst kind of officer, someone who didn’t help – couldn’t help – their friend,” she said of not being able to help Sicknick after being sprayed herself seconds later by Khater. “Sometimes when I close my eyes I can still see his face, white as a sheet.”

Hogan called Khater’s actions that day “inexcusable,” adding that “three officers (who) were doing their duty … are suddenly sprayed directly in the face.”

“I’m not going to give a lecture on the riot,” Hogan said, adding that “every time you see the video you’re shocked over again” and that “something has come out of this country that is very, very serious.”

After recovering from the bear spray attack, Sicknick continued to help protect the Capitol that day, according to court documents, remaining on duty until late into the evening.

“Just before approximately 10:00 p.m., Officer Sicknick began slurring his speech while talking to fellow officers,” court documents state. “He slumped backwards and lost consciousness, and emergency medical technicians were summoned for assistance. He was transported to the George Washington University Hospital where he remained on life support for nearly 24 hours and was pronounced dead at 8:51 p.m. the following day.”

Khater’s defense attorney said that Hogan should not sentence his client for the death of Sicknick, which the attorney noted was determined to be of natural causes. The judge agreed, noting he “can’t sentence Mr. Khater (for) causing officer Sicknick’s death.”

Calling his client “sheepish” and “sweet and gentle,” Khater’s attorney said his actions that day amounted to seconds of “emotionally charged conduct” from a man who suffered from anxiety.

In his statement to the judge, Khater began by highlighting how long he had already served behind bars and how it had “taken a huge toll” on him. “I wish I could take it all back,” he said. “It’s not who I am.”

Hogan pressed Khater on why he did not expressly apologize to the officers in the courtroom and Sicknick’s family. “Somewhere along the lines we lost the sense of responsibility,” the judge said.

“It’s the elephant in the room,” Khater said, adding that “there’s a civil thing going on” – in reference to a civil lawsuit from Sicknick’s estate – and that his lawyer had warned him about what to say in court Friday.

“You should be afraid,” Hogan said of the lawsuit.

Sicknick’s partner, Sandra Garza, had asked the judge to impose the maximum sentence for both men.

“I realize it will not bring back Brian, nor give him peace in his last moments on earth, but it will give some sense of justice in my universe,” Garza wrote to the judge.

“The only thing that surpasses my anger is my sadness,” Sicknick’s brother, Kenneth, wrote in his statement to the judge. “Sadness that the only time I can communicate with Brian is to speak into the nothingness and hope that he is listening.”

Kenneth continued, “Brian was never one for the spotlight. He preferred to go about his business, not bringing attention to himself. My family and I quietly smile at each other when we attend an event honoring and remembering Brian and the weather turns bad. We know it’s Brian telling us that it is OK, he is OK, please don’t make a big deal about me, take care of the others that need it. That’s what he would have done.”

This story has been updated with additional details.

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Julian Khater pleads guilty in Jan. 6 assault of officer Brian Sicknick

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A Pennsylvania man pleaded guilty Thursday to a chemical-spray assault on three police officers in the Jan. 6, 2021, Capitol attack, including Brian D. Sicknick, who later collapsed and died the following day.

In a plea deal with federal prosecutors, Julian Khater, a smoothie-shop owner of State College, Pa., admitted to assaulting and injuring law enforcement officers with a dangerous weapon. Along with co-defendant George Tanios, Khater had faced a 10-count indictment that included felony charges of rioting and obstructing Congress’s confirmation of Joe Biden’s 2020 election victory. Tanios pleaded guilty on July 27 to reduced misdemeanor charges.

Co-defendant in Jan. 6 Sicknick assault case pleads guilty

Khater pleaded guilty to counts punishable by up to 20 years in prison but faces a likely sentence of 78 to 97 months under federal guidelines negotiated with prosecutors. He has spent 17 months behind bars since his arrest and will be sentenced Dec. 13.

Video released to The Washington Post on April 28 showed the moment Capitol Police Officer Brian Sicknick was sprayed by rioter Julian Elie Khater on Jan. 6. (Video: Obtained by The Washington Post)

Khater’s plea resolves one of the most high-profile attacks on police in the Jan. 6 riot, in which nearly 140 defendants have been charged with felony assault against an officer. Childhood friends Khater, 33, and Tanios, 40, deployed chemical spray against officers holding back a violent crowd on the West Terrace of the Capitol, injuring Sicknick and others at a thin point in police lines.

Sicknick, 42, collapsed hours later and died the next day of natural causes, officials said. Neither Tanios or Khater is alleged to have caused Sicknick’s death.

In his plea, Tanios admitted bringing both bear and pepper spray to Washington and giving one canister to Khater before their arrival at the Capitol.

Tanios’s plea agreement did not require that he cooperate with prosecutors, although he admitted that he did not have information to dispute or disprove the allegations against Khater in the indictment.

More than 840 suspects have been charged in the Jan. 6 Capitol riot

Khater admitted deploying pepper spray at close range in the faces of Sicknick, Capitol Police Officer Caroline Edwards and a D.C. police officer identified as B. Chapman from the police line, forcing them to abandon their posts. In a bond hearing, prosecutors alleged that Khater moved to spray a second group before he was repelled by a police lieutenant who fired a chemical irritant at him using a “Super Soaker”-type device.

“Give me that bear sh–,” Khater told Tanios on video recorded nine minutes earlier, at 2:14 p.m. at the Lower West Terrace of the Capitol, where Sicknick and other officers were standing guard behind metal bicycle racks, according to the plea.

“Hold on, hold on, not yet, not yet … it’s still early,” Tanios allegedly replied.

Video released to The Washington Post on April 28 showed the moment Capitol Police Officer Brian Sicknick was sprayed by rioter Julian Elie Khater on Jan. 6. (Video: Obtained by The Washington Post)

In charging papers, an FBI agent said the exchange showed that the two were “working in concert and had a plan to use the toxic spray against law enforcement.” The agent asserted that Khater “appeared to time the deployment of chemical substances to coincide with other rioters’ efforts to forcibly remove the bike rack barriers that were preventing the rioters from moving closer to the Capitol building.”

Tanios’s attorney has argued that his client was 30 feet away from Khater when he sprayed the officers and did not aid or abet any crime.

Khater attorney Joseph Tacopina has said his client never coordinated or planned to attack police and never entered the Capitol building.

“It wasn’t a plan. It was a reaction” to being sprayed by police, Tacopina said. “He used a defensive spray.”

Sicknick had two strokes after his time at the Capitol that day, officials said. The medical examiner said an autopsy found no evidence that Sicknick suffered an allergic reaction to chemical irritants. There was also no evidence of internal or external injuries, the medical examiner said.

Battle for the West Terrace: Capitol riot charges reveal details of police attacks on Jan. 6

Khater and Tanios were arrested in March 2021. In a hearing last year ordering Khater’s detention pending trial, U.S. District Judge Thomas F. Hogan said videos of the assaults on the three officers showed a degree of premeditation and potential for future danger.

“These two gentlemen are law-abiding, respected individuals in the community, and it makes it very difficult for the court to make this conclusion, but they still committed this attack on uniformed police officers. I don’t find a way around that,” Hogan said at the time.

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Capitol riot: News outlets ask for access to Sicknick assault videos shown in court

The 10 video clips, shown by the Justice Department at a court hearing this week, have become public records and are key to a major criminal case against two men accused in the assault of the police, lawyers for the media companies wrote to the court.

The clips are also the most graphic depictions publicly seen so far of the attack, and of Sicknick’s reaction to it.

“Without question, the public has a powerful interest in closely observing the Government’s administration of justice in the prosecutions against people accused of committing violent crimes during the January 6, 2021 riot at the United States Capitol,” the media companies write to the Washington, DC, federal district court in a new filing. “The courts can best reinforce public confidence in the sanctity of our political institutions, the safety of the law enforcement officers who protect them, and the fair administration of justice, by ensuring public access to these unprecedented proceedings.”

Reporters from several of the media outlets and members of the public watched the videos on Monday in a real-time broadcast from the Clarksburg, West Virginia, courtroom.

But federal rules prohibited the hearing from being recorded or livestreamed, and the Justice Department and courts have not yet made the videos available. When CNN asked federal prosecutors and the court in West Virginia for access this week, they deferred to their counterparts in Washington, DC. The news outlets that went to court this week for access also include CBS, ABC, NBC, the New York Times, Washington Post, the Wall Street Journal, the Associated Press, ProPublica, National Public Radio, BuzzFeed, Gannett and the broadcasters Tegna and Gray Media Group.

At the court hearing on Monday, prosecutor Sarah Wagner played the clips one after another, narrating the attack and the police officers’ physical reactions to it.

The police body camera footage shown in court allegedly captures riot defendant Julian Khater spraying a canister of bear spray into the faces of three officers from just feet away, and the officers then recoiling.

“The officers, all three, immediately retreat from the line, bringing their hands to their faces and rushing to find water to rinse out their eyes,” Wagner, the prosecutor, said in court as she played the footage.

Another two clips captured Sicknick walking alone on the Capitol steps, then kneeling in pain, after the attack, according to Wagner.

“Even 10 minutes after the incident, Officer Sicknick appears to be attempting to walk off the effects of the pepper spray. He is rubbing and rinsing his eyes with more water, and pausing at times while crouched over with his hands on his knees,” the prosecutor said in court.

Two men, Khater and George Tanios, are charged with 10 federal criminal counts related to their participation in the riot and for assaulting the police, including Sicknick, with the bear spray. The Justice Department hasn’t linked Sicknick’s death the day after the riot to the bear spray.

The magistrate judge overseeing the hearing Monday decided Tanios will stay in jail as he awaits further court proceedings. Khater is also still in jail.

The judge, Michael Aloi, reacted strongly to the videos shown in court, especially of the police officers suffering from the chemicals in their eyes.

“Seeing just that stream of spray going into their eyes. And then the woman officer just with her head rubbing her eyes, turning away. What did she do that day, other than show up to do her job, staring down thousands of angry people?” Aloi said. “And then the officer who is now no longer with us, it’s almost surreal, sort of walking in solitude rubbing his eyes on the Capitol steps.”

“It’s hard for me not to look at this as anything other than an assault on our nation’s home, and everything that is important to us as a people,” the judge added.

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Julian Kahter and George Tanios arrested in assault on officer Brian Sicknick, who died after Capitol riot

Two men have been arrested for assaulting Capitol Police officer Brian Sicknick, who died after responding to the riots on January 6, the Department of Justice announced Monday. The details surrounding Sicknick’s death remain unclear. 

Julian Elie Khater, 32, of State College, Pennsylvania, and George Pierre Tanios, 39, of Morgantown, West Virginia, are accused of spraying police officers with a chemical spray. They face nine counts, including assault on a federal officer with a dangerous weapon.

Prosecutors said surveillance video showed Kater and Tanios working together to assault law enforcement with the chemical spray and tear down bike rack barriers that were guarding the Capitol building.

They also viewed an open-source video of the attacks they said showed Khater approaching Tanios, saying, “Give me that bear s***,” and “They just f*****g sprayed me.” Khater is then shown holding a white can that appears to be chemical spray. Later, they said Khater sprayed the chemical toward three officers.

“The officers immediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes,” the affidavit reads. Prosecutors said the officers were temporarily blinded and required medical attention.

Sicknick reported being pepper-sprayed with a substance. The two other officers described the spray as a “substance as strong as, if not stronger than, any version of pepper spray they had been exposed to during their training as law enforcement officers.” 

Later that night, Capitol police said Sicknick, 42, returned to “his division office and collapsed.” He was taken to a local hospital where he died. His cause of death has yet to be determined.

His brother, Ken Sicknick, said Brian wanted to be a police officer his entire life. “Brian is a hero and that is what we would like people to remember,” Ken said in a January statement.

U.S. Capitol Police officers guard the remains of Officer Brian Sicknick on February 3, 2021.

Demetrius Freeman / Getty


Prosecutors said a tipster flagged Khater’s LinkedIn page to investigators, who then contacted his former colleague in State College, Pennsylvania. After reviewing old work documents, the ex-colleague confirmed Khater was his last name.

Meanwhile, investigators received two tips including photos of Tanios at the Capitol riot. Prosecutors said Tanios was wearing clothing with “Sandwich University” in his profile photo and in other photos from January 6. The tipster said Tanios is the owner of  Sandwich University, a fast-food restaurant in Morgantown. 

Both men appeared in court Monday. Prosecutors are requesting detention so the men will stay behind bars for the time being. Tanios has a bail hearing scheduled for Thursday.

Federal prosecutors have charged more than 300 people and have arrested over 280 in connection with the Capitol riot on January 6. Officials have called it “the most complex investigation ever prosecuted by the Department of Justice.”

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FBI identifies suspect in death of Capitol Police Officer Brian Sicknick, sources say

The theory, as CNN has reported, is that Sicknick became ill from bear spray used by the mob that attacked the Capitol on January 6, and video evidence CNN previously reported on appears to show the attack that could have caused his death.

It remains a difficult case for investigators and it’s not clear what charge they will be able to bring.

In a statement late Friday, the US Capitol Police noted that the medical examiner’s report on Sicknick’s death wasn’t finished yet: “We are awaiting toxicology results and continue to work with other government agencies regarding the death investigation.”

“Officer Sicknick’s family has asked for privacy during this difficult time and that the spreading of misinformation stop regarding the cause of his death,” the statement said. “The Department and the Sicknick family appreciate the outpouring of support for our fallen officer.”

The New York Times first reported that investigators have zeroed in on one suspect, but have yet to identify the assailant by name.
CNN previously reported that authorities had winnowed it down to a handful of suspects and that new video evidence from the attack helped investigators narrow it down.
In police audio played at former President Donald Trump’s Senate impeachment trial, officers could be heard screaming during the attack that some members of the violent Capitol mob were spraying them with bear spray. Republican Sen. Mitt Romney of Utah told reporters at the time that Capitol Police Officer Eugene Goodman, who potentially saved the senator from encountering the mob, had indicated to Romney that “he had to breathe a lot of bear spray and tear gas and that he was nauseated” while serving on January 6. The pair had spoken during a break in the trial.

Investigators have struggled for weeks to build a federal murder case in Sicknick’s death as they pored over video and photographs to try to determine the moment in which he suffered his fatal injuries. Investigators determined that initial reports suggesting Sicknick had been struck with a fire extinguisher weren’t true, CNN previously reported.

Several people have been charged with assaulting police officers in the weeks since the attack, but none so far in relation to Sicknick. More than 100 other police officers were injured in the melee last month, including at least 15 who required hospitalization, according to court documents.

Sicknick’s body lay in honor at the Capitol in an emotional ceremony early this month, during which President Joe Biden, first lady Jill Biden and congressional leaders paid visits.

This story has been updated with background information and a statement from US Capitol Police.

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Biden pays respects to slain Capitol Police officer Brian Sicknick

President Biden and first lady Jill Biden visited the U.S. Capitol on Tuesday to pay their respects to Brian Sicknick, a U.S. Capitol Police officer who was fatally injured during the January 6 insurrection. 

Mr. Biden and the first lady briefly walked up to Sicknick’s remains and placed their right hands over their hearts. Neither made remarks while in the Rotunda. 

Sicknick’s remains arrived at the Capitol on Tuesday night via motorcade to lie in honor. His remains were escorted up the Capitol’s center steps and into the Rotunda. 

His former Capitol Police colleagues attended a viewing beginning at 10 p.m. One by one, they approached Sicknick’s remains and saluted. On Wednesday, members of Congress will honor the officer before he is buried at Arlington National Cemetery. The ceremonies are closed to the public due to the coronavirus pandemic. 

Officer Brian Sicknick

U.S. Capitol Police via AP


“The U.S. Congress is united in grief, gratitude and solemn appreciation for the service and sacrifice of Officer Brian Sicknick,” House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer said in a statement Friday. “The heroism of Officer Sicknick and the Capitol Police force during the violent insurrection against our Capitol helped save lives, defend the temple of our democracy and ensure that the Congress was not diverted from our duty to the Constitution. His sacrifice reminds us every day of our obligation to our country and to the people we serve.”

Sicknick’s family thanked those who sent their condolences in a statement Saturday. “Knowing our personal tragedy and loss is shared by our nation brings hope for healing,” the family said. 

The slain officer joined the Capitol Police in 2008 after serving in the New Jersey Air National Guard. Sicknick, 42, suffered a head injury when pro-Trump supporters attacked the Capitol, seeking to overturn the results of the presidential election. He collapsed after returning to his division office and died at the hospital on January 7, authorities said. 

Sicknick is only the fifth private citizen to lie in honor in the Capitol Rotunda. Others included Capitol Police officer Jacob Chestnut and detective John Gibson, who were shot and killed at the Capitol in 1998; civil rights icon Rosa Parks in 2005; and the Reverend Billy Graham in 2018. 

As of Tuesday, federal prosecutors have charged at least 181 people for their alleged roles in the insurrection. Former President Trump was impeached for incitement of insurrection just days before he left office. He is the first U.S. president to be impeached twice. 

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Biden pays respects to Capitol Police Officer Brian Sicknick as he lies in honor at Rotunda

President Joe Biden paid his respect to slain Capitol Police Officer Brian Sicknick, whose remains were given the rare distinction of lying in honor at the Capitol Rotunda on Tuesday evening.

Sicknick’s cremated remains arrived on the East Front of the Capitol and placed in the Rotunda overnight to allow his colleagues and lawmakers to honor the officer.

Biden and first lady Jill Biden held their hands to their hearts and the president made the sign of the cross as they stood near Sicknick’s urn and a folded American flag.

“This flag was flown over the United States Capitol by The Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives, honoring the distinguished life and service of Officer Brian D. Sicknick. January 7, 2021,” reads a plaque on the frame holding the flag.

Members of Congress will attend the viewing and pay tribute to Sicknick on Wednesday morning, with remarks from House Speaker Nancy Pelosi, D-Calif., and Senate Majority Leader Chuck Schumer, D-N.Y.

“On behalf of the House of Representatives and the Senate, it is our great privilege to pay tribute to Officer Sicknick with this lying-in-honor ceremony,” Pelosi and Schumer said in a previous statement. “May this ceremony and the knowledge that so many mourn with and pray for them be a comfort to Officer Sicknick’s family during this sad time.”

Sicknick, who was 42, died after defending the Capitol on Jan. 6 against a mob that stormed the building and tried to usurp the electoral count after then-President Donald Trump urged supporters at a rally to “fight like hell” shortly before lawmakers and former Vice President Mike Pence convened for a joint session of Congress.

Trump is set to face his second Senate impeachment trial next week on a charge of inciting the riot that left five people dead.

Sicknick, who served in the New Jersey Air National Guard before joining the Capitol Police in 2008, was injured “while physically engaging with protesters” and returned to his division office, where he collapsed, Capitol Police said in a statement. He was taken to a hospital, where he died at about 9:30 p.m. on Jan. 7.

Just four other private citizens in history have laid in honor: in 1998, two other Capitol Police officers — Jacob Joseph Chestnut and John Michael Gibson — after they were killed in the line of duty, civil rights icon Rosa Parks in 2005 and the Rev. Billy Graham in 2018.

Sicknick’s cremated remains will then be laid to rest at Arlington National Cemetery.

“The family of U.S. Capitol Police Officer Brian D. Sicknick thanks the Congressional leadership for bestowing this historic honor on our fallen American hero,” said a previous statement from Sicknick’s family released by a Capitol Police spokeswoman. “We also wish to express our appreciation to the millions of people who have offered their support and sympathies during this difficult time. Knowing our personal tragedy and loss is shared by our nation brings hope for healing.”

Frank Thorp V contributed.

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