A judge found Kyle Fitzsimmons, of Maine, guilty of seven counts and four misdemeanors for repeatedly assaulting police on Jan. 6.

WASHINGTON — A federal judge on Tuesday found a Maine man guilty on 11 counts repeatedly attacked the police who tried to secure the entrance to the US Capitol building on January 6.

Kyle Fitzsimmons of Lebanon, Maine, appeared before U.S. District Judge Rudolph Contreras this week for a sentencing hearing more than a month after his trial ended. Fitzsimmons was charged last February with 11 counts, including obstructing an official investigation, public disorder and four counts of assaulting, resisting or obstructing police.

Fitzsimmons rejected a plea offer and went on trial in August, faced with video footage from multiple sources showing him repeatedly assaulting and testimony of three officers who appeared before the court testify about the assault. One of them, D.C. Police Officer Sarah Beaver, was shot in the head by Fitzsimmons’ undrawn bow into the police line in the Lower West Terrace Tunnel. Another, D.C. Police Officer Phuc Nguyen, said Fitzsimmons broke the seal on his gas mask, causing noxious pepper spray to leak inside. A third officer, U.S. Capitol Police Sgt. Aquilino Gonell testified that Fitzsimmons grabbed his shield and tore him to the ground, causing a shoulder injury that required surgery and ultimately led to his early retirement from the force.

Contreras said Tuesday that the Justice Department had committed to sustaining all 11 counts, as well as the aggravated assault of Gonell and the aggravated assault of Beaver with a dangerous weapon. While Contreras did not find Fitzsimmons guilty of causing second-bodily injuries during the attack on Fuson — saying the video was too chaotic and did not conclusively show Fitzsimmons making contact with his mask — he said there was no doubt Fitzsimmons’ intent was to attack and injure the officers .

“He took every opportunity to continue abusing the officers,” Contreras said.

Contreras also said the evidence suggests Fitzsimmons knew about the Jan. 6 voter certification, noting he repeatedly mentioned it in Facebook posts trying to recruit others to join him in D.C. and in threatening voicemails to U.S. Rep. Jared Golden (D-ME) to riot at the Capitol.

Fitzsimmons did not testify on his own behalf at trial or present evidence in his own defense. His attorney, federal public defender Natasha Taylor-Smith, suggested in her closing argument that at least the attack on Officer Beaver was an attempt to protect another man in the tunnel, but Contreras said there was little evidence to support that claim. The judge also rejected Fitzsimmons’ characterization, offered by members of the Lebanon Board of Elections, that the crowd forced them to continue moving forward toward the police line.

“Mr. Fitzsimmons could have backed down, but instead he decided to escalate the violence in the tunnel,” Contreras said, later adding, “There was nothing ignorant, misguided or accidental about his presence there.”

Fitzsimmons, convicted of six felonies with two significant weapon and wounding enhancements, could face one of the longest prison terms to date in a Capitol riot case. Earlier this month former NYPD officer Thomas Webster sentenced to 10 years in prison for obstructing and assaulting an official with a dangerous weapon. last month Texas three percenter Guy Refit was sentenced to seven years in prison for obstructing an official hearing, carrying a gun on Capitol grounds and threatening to shoot his two children if they spoke to the FBI.

Contreras scheduled sentencing in Fitzsimmons’ case for Feb. 17 at 2 p.m

We’re tracking all the arrests, charges and investigations into the January 6 attack on the Capitol. Subscribe to our Capitol Breach Newsletter here so you never miss an update.

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