Federal prosecutors add new charge for Maine man in connection with riots at US Capitol

WASHINGTON D.C., DC — Editor's note: The video above aired Dec. 21, 2021.

A Maine man charged in connection with the attacks on the U.S. Capitol that happened on Jan. 6, 2021, has been charged with an additional crime, using a dangerous or deadly weapon on a Metropolitan police officer.

Prosecutors on Wednesday released a superseding indictment including a total of 11 charges: 

• Count 1 - Civil Disorder
• Count 2 - Obstruction of an Official Proceeding and Aiding and Abetting
• Count 3 - Using a Dangerous or Deadly Weapon on Certain Officers 
• Count 4 - Inflicting Bodily Injury on Certain Officers 
• Count 5 - Inflicting Bodily Injury on Certain Officers 
• Count 6 - Assaulting, Resisting, or Impeding Certain Officers
• Count 7 - Entering and Remaining in Restricted Building or Grounds
• Count 8 - Disorderly and Disruptive Conduct in a Restricted Building or Grounds
• Count 9 - Engaging in Physical Violence in a Restricted Building or Grounds
• Count 10 - Disorderly Conduct in the Capitol Grounds or Buildings
• Count 11 - Act of Physical Violence in the Capitol Grounds or Buildings

In December, Fitzsimons pleaded not guilty to the 10 felony counts he was charged with at the time. A federal court denied an appeal for pre-trial release. 

He has been in jail since his February arrest.

Also in December, a federal judge granted the press access to video and audio footage of Fitzsimons' conduct during and after the riot that prosecutors used as evidence to argue Fitzsimons should not be released pending trial.

Among the evidence released is video from a body camera worn by Metropolitan police officers, surveillance video from the Capitol building, and audio and video recordings of a Jan. 7 Lebanon Board of Selectman's meeting that Fitzsimons called in to and described his actions at the riot. There is also audio of two recorded jail calls and an audio recording of a voicemail message left at the office of Congressman Jared Golden, D-Maine.

The voicemail left for Golden stated, "Mr. Jared Golden, or a staffer listening, I am a constituent of Maine. My name is Kyle Fitzsimons. I am asking for your courage, sir, courage to dispute what we all know is a garbage election. Will you have the courage to object on the 6th? Because I certainly have the courage to object to my entire life going forward if this is done to me. My name is Kyle Fitzsimons, and I'll be in D.C. on the 6th."