The Lebanon butcher discovered responsible final 12 months of assaulting law enforcement officials through the Jan. 6, 2021, Capitol riot shall be sentenced at 10 a.m. Tuesday in U.S. District Courtroom in Washington, D.C.
Kyle Fitzsimons, 39, of Lebanon was the primary Mainer charged after he was a part of a mob that compelled its method into the Capitol in an try and disrupt the rely of electoral votes within the 2020 presidential election. The riot befell two weeks earlier than the inauguration of President Joe Biden as former President Donald Trump refused to just accept the election outcomes.
Fitzsimons was discovered responsible in September by U.S. District Decide Rudolph Contreras of 11 prices — seven felonies and 4 misdemeanors. Fitzsimons waived his proper to a jury trial.
He has been held with out bail since his arrest in February 2021.
Federal prosecutors have beneficial a sentence of 15 years and eight months to be adopted by three years of supervised launch in a 46-page sentencing memorandum. In addition they urged the decide to impose a superb of $26,892, the quantity raised on social media to allegedly assist Fitzsimons’ household, and at the very least $2,000 in restitution.
Fitzsimons’ federal defender has not filed a sentencing memorandum. He additionally didn’t reply to a request for details about the sentence he’ll urge the decide to impose.
The Lebanon man initially was scheduled to be sentenced in February however that listening to was reset after the federal defender who represented Fitzsimons at his trial resigned. A unique federal defender out of the Philadelphia workplace will characterize him at sentencing.
The utmost sentence Fitzsimons’ is going through is 20 years in federal jail and a superb of as much as $250,000 on probably the most severe prices involving assaults on law enforcement officials.
One of many Capitol Law enforcement officials that Fitzsimons attacked suffered a career-ending harm when the Lebanon man wrenched his shoulder, the prosecution’s sentencing memorandum mentioned. One other officer inhaled tear gasoline after Fitzsimons dislodged his gasoline masks and one other rioter sprayed used pepper spray within the officer’s face. Fitzsimons assaulted a 3rd officer by hurling the unstrung bow he introduced into the Capitol at a police officer, who was not injured as a result of she was carrying a riot helmet and carrying a defend, in accordance with courtroom paperwork.
Federal prosecutors of their sentencing memorandum mentioned that the rioters injured greater than 100 law enforcement officials and brought about greater than $2.8 million in damages and losses. The $2,000 requested in restitution is an identical quantity judges have ordered different convicted within the rebellion have been ordered to pay, in accordance with courtroom paperwork.
Greater than 1,000 people, together with seven Maine residents or former residents, have been arrested in almost all 50 states for crimes associated to the breach of the U.S. Capitol, together with almost 350 people charged with assaulting or impeding legislation enforcement, in accordance with the U.S. Division of Justice.