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First Mainer on trial for January 6th Capitol Riot found guilty on all counts

Kyle Fitzsimons convicted of seven felonies and four misdemeanors

First Mainer on trial for January 6th Capitol Riot found guilty on all counts

Kyle Fitzsimons convicted of seven felonies and four misdemeanors

NEWS-8'S PHIL HIRSCHKORN COVERED THE TRIAL...AND NOW BRINGS US THIS REPORT. (VO 1: TRIAL SKETCH.... FITZSIMONS FIGHTING VIDEOS...BOLO + 205 @ 3:25) DURING THE FOUR- DAY TRIAL, VOLUMINOUS VIDEO AND PHOTO EVDIENCE SHOWED THE VIOLENT ACTS OF HUNDREDS OF RIOTERS, INCLUDING KYLE FITZSIMONS. IN A FOUR-MINUTE SPREE AT THE CAPITOL'S WESTERN TERRACE ENTRANCE, FITZSIMONS ASSAULTED THREE INDIVIDUAL OFFICERS WHO TESTIFIED AGAINST HIM AND BRAWLED WITH OTHERS. (TRIAL VIDEO 226) AFTER HIS MELEE, VIDEO CAPTURED HIM, HIS HEAD BLOODIED, RETREATING THROUGH THE CROWD. (NATSOT TRIAL VIDEO 221 KYLE) "GET IN THERE." (VO 2: STAY ON VIDEO) FITZSIMONS URGING OTHERS TO JOIN THE FIGHT...AND INTRODUCING HIMSELF, PROUD OF HIS ACTIONS, (NATSOT TRIAL VIDEO 221) "MY NAME IS KYLE FITZSIMONS." (VO 3: STILLS TRUCK, BUTCHER JACKET, RALLY, CLIMBING, BOW + VIDEO 219 CLIMBING WITH BOW...VIDEO 218 1:30 HELPING PEOPLE UP...LEAVING 202B) FITZSIMONS DROVE TO WASHINGTON ALONE IN HIS PICKUP TRUCK....WORE HIS WHITE BUTCHER COAT WITH HIS NAME SEWN ON FRONT... HE ATTENDED THE PRO-TRUMP "STOP THE STEAL" RALLY...HOPING TO STOP CONGRESS FROMCERTIFYING JOE BIDEN'S ELECTION VICTORY...AND THEN MARCHED TO THE CAPITOL... CARRYING AN UNSTRUNG WOODEN BOW HE WOULD THROW AS A SPEAR AT OFFICERS...SEEN HELPING OTHERS GET CLOSER IN ON THE BUILDING....HE BREACHED THE GROUNDS FOR 45 MINUTES, SEEN HERE, FROM ABOVE, AT THE ARROW, AS HE EXITED. (GFX) JUDGE RUDOLPH CONTRERAS SAID: "MR. FITZSIMONS MAY HAVE ONLY PLAYED A SMALL PART IN THE CIVIL DISORDER THAT DAY, BUT HE WAS AN ACTIVE PARTICIPANT." (GFX) THE JUDGE FINDING FITZSIMONS GUILTY OF CIVIL DISORDER. OBSTRUCTING AN OFFICIAL PROCEEDING, AND ASSAULTING OFFICERS...AS WELL AS ENTERING, DISORDERLY CONDUCT, AND PHYSICAL VIOLENCE ON RESTRICTED GROUNDS...AND DISORDERLY CONDUCT AND PHYSICAL VIOLENCE INSIDE THE CAPITOL. (PHIL STANDUP) FITZSIMONS IS NOW ONE OF 18 JANUARY 6TH DEFENDANTS FOUND GUILTY AT A CONTESTED TRIAL. HIS SENTENCING
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First Mainer on trial for January 6th Capitol Riot found guilty on all counts

Kyle Fitzsimons convicted of seven felonies and four misdemeanors

Maine resident Kyle Fitzsimons has been found guilty on all 11 criminal charges against him for his role in the January 6, 2021, Capitol riot that sought to keep former President Donald Trump in power. U.S. District Judge Rudolph Contreras announced the verdict Tuesday morning in his courtroom in Washington D.C., where the judge, not a jury, heard the week-long trial last month at the request of the defendant.Fitzsimons, 39, has been in custody since his arrest a year-and-a-half ago at his home in Lebanon, Maine, where he lived for a few years with his wife and their young child and worked as a butcher. He previously lived in Rhode Island and grew up in New York.Trial evidence and testimony showed Fitzsimons drove to Washington alone to attend the pro-Trump "Stop the Steal" rally that evolved into a riot, with voluminous video and photo evidence of the violent acts of hundreds of rioters, including Fitzsimons.Contreras found Fitzsimons guilty of seven felonies -- civil disorder, obstructing an official proceeding -- the Electoral College count by Congress to certify the election of President Joe Biden -- four counts of assaulting or injuring officers who tried to repel the rioters, and acts of physical violence on restricted grounds.Contreras also found Fitzsimons guilty of four misdemeanors -- entering and disorderly conduct on restricted grounds, along with and disorderly conduct and physical violence inside the Capitol.Judge Contreras said, "Mr. Fitzsimons may have only played a small part in the civil disorder that day, but he was an active participant."Fitzsimons' most incriminating acts were captured by Capitol building surveillance cameras and frenetic police body cameras shortly after four o’clock in the afternoon of Jan. 6, and smart phone videos taken by the crowd.In a four-minute stretch, he could be seen at the Western terrace entrance throwing an unstrung wooden bow like a spear that hit Metroplitan Police Officer Sarah Beaver (who was wearing a riot helmet), swiping at the gas mask of Metropolitan Police Sergeant Phuson Nguyen as he was exposed to tear gas, and dragging down Capitol Police Sergeant Aquilino Gonel by his riot shield and shoulder strap. All three officers testified for the government.At trial, prosecutors and Fitzsimons' defense attorney played the videos over and over, often in slow motion, to argue his culpability or innocence of making contact, assaulting, or injuring officers.While finding Fitzsimons either used a weapon (the bow) or assaulted the officers, Contreras was not convinced he had hurt Nguyen. "There's no doubt that Sgt. Nguyen suffered a terrible injury. He credibly testified that the gas trapped in his mask was so suffocating that he believed he was about to die," Contreras said. "However, I cannot find beyond a reasonable doubt that Mr. Fitzsimons was the one responsible for that injury."The finding did not change the guilty verdict on that count, number four in the indictment, but will lessen the penalty for that count at sentencing.Fitzsimons is one of 18 Jan. 6 defendants found guilty at a contested trial, and one of 265 Capitol riot defendants accused of assaulting or impeding law enforcement, according to the U.S. Attorney’s Office for the District of Columbia, which is managing the prosecutions.Of the 870 people charged in the ongoing investigation, approximately 380 have pleaded guilty, according to the U.S. Attorney's office. Judge Contreras scheduled Fitzsimons' sentencing hearing for next February 17.Fitzsimons was the first and most seriosuly charged of five Mainers implicated in the Jan. 6 attack. The others are Glen Mitchell Simon, originally from Minot, who pled guilty to one misdemeanor count of disorderly and disruptive conduct in a restricted building or grounds and has been sentenced to eight months in prison; Nicolas Hendrix, a military veteran from Gorham who plead guilty to one misdemeanor and will be sentenced in November; Joshua Colgan, of Jefferson, and Todd Tilley of South Paris, who each face four misdemeanors for breaching the Capitol. On Tuesday afternoon after Fitzsimons was convicted, the U.S. Senate advanced bipartisan legislation to preclude another Capitol riot, the Electoral Count Reform Act, co-sponsored by Maine Republican Senator Susan Collins and supported by Maine Indpendent Senator Angus King, which would, among other safeguards, clarify the Vice President's minimal, ceremonial role presiding over the Electoral College certification, refuting the theory advanced by former President Donald Trump, that former Vice President Mike Pence could have unilaterally blocked certain states' slate of electors, a rallying cry of Jan. 6 rioters.

Maine resident Kyle Fitzsimons has been found guilty on all 11 criminal charges against him for his role in the January 6, 2021, Capitol riot that sought to keep former President Donald Trump in power.

U.S. District Judge Rudolph Contreras announced the verdict Tuesday morning in his courtroom in Washington D.C., where the judge, not a jury, heard the week-long trial last month at the request of the defendant.

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Fitzsimons, 39, has been in custody since his arrest a year-and-a-half ago at his home in Lebanon, Maine, where he lived for a few years with his wife and their young child and worked as a butcher.

He previously lived in Rhode Island and grew up in New York.

Trial evidence and testimony showed Fitzsimons drove to Washington alone to attend the pro-Trump "Stop the Steal" rally that evolved into a riot, with voluminous video and photo evidence of the violent acts of hundreds of rioters, including Fitzsimons.

Contreras found Fitzsimons guilty of seven felonies -- civil disorder, obstructing an official proceeding -- the Electoral College count by Congress to certify the election of President Joe Biden -- four counts of assaulting or injuring officers who tried to repel the rioters, and acts of physical violence on restricted grounds.

Contreras also found Fitzsimons guilty of four misdemeanors -- entering and disorderly conduct on restricted grounds, along with and disorderly conduct and physical violence inside the Capitol.

Judge Contreras said, "Mr. Fitzsimons may have only played a small part in the civil disorder that day, but he was an active participant."

Fitzsimons' most incriminating acts were captured by Capitol building surveillance cameras and frenetic police body cameras shortly after four o’clock in the afternoon of Jan. 6, and smart phone videos taken by the crowd.

In a four-minute stretch, he could be seen at the Western terrace entrance throwing an unstrung wooden bow like a spear that hit Metroplitan Police Officer Sarah Beaver (who was wearing a riot helmet), swiping at the gas mask of Metropolitan Police Sergeant Phuson Nguyen as he was exposed to tear gas, and dragging down Capitol Police Sergeant Aquilino Gonel by his riot shield and shoulder strap.

All three officers testified for the government.

At trial, prosecutors and Fitzsimons' defense attorney played the videos over and over, often in slow motion, to argue his culpability or innocence of making contact, assaulting, or injuring officers.

While finding Fitzsimons either used a weapon (the bow) or assaulted the officers, Contreras was not convinced he had hurt Nguyen.

"There's no doubt that Sgt. Nguyen suffered a terrible injury. He credibly testified that the gas trapped in his mask was so suffocating that he believed he was about to die," Contreras said. "However, I cannot find beyond a reasonable doubt that Mr. Fitzsimons was the one responsible for that injury."

The finding did not change the guilty verdict on that count, number four in the indictment, but will lessen the penalty for that count at sentencing.

Fitzsimons is one of 18 Jan. 6 defendants found guilty at a contested trial, and one of 265 Capitol riot defendants accused of assaulting or impeding law enforcement, according to the U.S. Attorney’s Office for the District of Columbia, which is managing the prosecutions.

Of the 870 people charged in the ongoing investigation, approximately 380 have pleaded guilty, according to the U.S. Attorney's office.

Judge Contreras scheduled Fitzsimons' sentencing hearing for next February 17.

Fitzsimons was the first and most seriosuly charged of five Mainers implicated in the Jan. 6 attack.

The others are Glen Mitchell Simon, originally from Minot, who pled guilty to one misdemeanor count of disorderly and disruptive conduct in a restricted building or grounds and has been sentenced to eight months in prison; Nicolas Hendrix, a military veteran from Gorham who plead guilty to one misdemeanor and will be sentenced in November; Joshua Colgan, of Jefferson, and Todd Tilley of South Paris, who each face four misdemeanors for breaching the Capitol.

On Tuesday afternoon after Fitzsimons was convicted, the U.S. Senate advanced bipartisan legislation to preclude another Capitol riot, the Electoral Count Reform Act, co-sponsored by Maine Republican Senator Susan Collins and supported by Maine Indpendent Senator Angus King, which would, among other safeguards, clarify the Vice President's minimal, ceremonial role presiding over the Electoral College certification, refuting the theory advanced by former President Donald Trump, that former Vice President Mike Pence could have unilaterally blocked certain states' slate of electors, a rallying cry of Jan. 6 rioters.