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Judge sentences Kyle Fitzsimons to 87 months with credit for time served

Fitzsimons, who's from Lebanon, Maine, was found guilty of the harshest crimes of any of the rioters with Maine ties.

WASHINGTON, D.C., USA — A Maine man charged in connection with the Jan. 6, 2021, U.S. Capitol was sentenced in Washington, D.C. Tuesday.

The sentencing comes after 39-year-old Kyle Fitzsimons of Lebanon, Maine, rejected a plea deal and a judge found him guilty of all 11 charges against him. It was a bench trial, without a jury, per Fitzsimons' request.

The judge sentenced him to 87 months with credit for time served since Feb. 4, 2021, and he has been ordered to pay $2,000 in restitution followed by 36 months of supervision. 

Fitzsimons' was found guilty of seven felony charges:

  • One count of obstruction of an official proceeding;
  • Four counts of assaulting, resisting, or impeding law enforcement officers, including two involving a dangerous weapon or bodily injury;
  • One count of interfering with a law enforcement officer during a civil disorder;
  • One count of engaging in physical violence in a restricted building or grounds.

Fitzsimons was also found guilty of four misdemeanor charges:

  • Entering and remaining in a restricted building or grounds;
  • Disorderly and disruptive conduct in a restricted building or grounds;
  • Disorderly conduct in a Capitol Building or grounds;
  • Committing an act of violence in the Capitol Building or grounds.

Prosecutors asked Fitzsimons be sentenced to a total of 188 months in prison, followed by three years of supervised release. They are also seeking a $26,892 fine, at least $2,000 in restitution, and a mandatory special assessment of $770.  

Credit: Dana Verkouteren

According to the court documents, Fitzsimons traveled to Washington D.C. on Jan. 5, 2021, and participated in the Capitol riot the next day where he attacked at least five different police officers and caused a life-changing injury to a Capitol police officer.

That officer, Sgt. Aquillino Gonell testified Fitzsimons attacked him, grabbing his shield and shoving him to the ground.

The injuries he sustained forced Gonell to take an early retirement. 

"I'm still trying to recover from my injuries," Gonnell testified before the Congressional committee investigating the riots. "As an immigrant to the United States, I'm especially proud to have defended the U.S. Constitution and our democracy on Jan. 6."

During sentencing, a tearful Fitzsimons spoke directly to Gonnell. 

"I am very conscious of the fulfillment a man derives from his work," Fitzsimons said. "I am sorry Sgt. G that you no longer work for the Capitol police." 

"I came to D.C. to be a part of history and have made my voice heard," he continued. "Instead, I undermined the entire process I came to protect." 

From the start, Fitzsimons claimed his participation in the riot was part of a "religious pilgrimage."

He is among seven people with Maine connections charged in connection with the riot.

Credit: NCM

The day after he took part, Fitzsimons called into a select board meeting in his hometown of Lebanon to brag about his actions and spew false claims the 2020 election was stolen. 

"I know that there was some divinity in my trip," he said. "It was supposed to demonstrate that Trump, the lion, was leading an army of lambs."

Last September, U.S. District Judge Rudolph Contreras noted Fitzsimons' obsession after announcing the guilty verdict. 

"Mr. Fitzsimons' fervent belief in the lies he was being told about the election is truly saddening, and to be sure much of the blame for the offense that day rests with the people in positions of power who spread those lies," Contreras said.

Thursday's sentencing was initially set for June 13 but was abruptly postponed with no reason given. 

Fitzsimons' attorney, Johnathan McDonald, submitted a filing to the court this week, noting that his client "has zero criminal history" and shared the sentences for other insurrectionists with criminal backgrounds.

NEWS CENTER Maine reached out to McDonald for comment ahead of the sentencing and did not hear back. 

Zach Blanchard will have live reports from Washington, D.C. throughout the day Thursday only on NEWS CENTER Maine. 

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