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Fincastle man found guilty on Jan. 6 Capitol riot charges

A sentencing date has not been set yet

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FINCASTLE, Va. – A federal jury in the nation’s capital has decided the fate of a Fincastle man who is accused of storming the Capitol on Jan. 6, 2021.

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On Tuesday (Dec. 6), Markus Maly was found guilty of the following in connection with the Capitol riot:

  • Obstructing officers during a civil disorder
  • Assaulting, resisting, or impeding certain officers using a dangerous weapon
  • Entering or remaining in a restricted building or grounds with a deadly or dangerous weapon
  • Disorderly or disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon
  • Engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon
  • Disorderly conduct in a Capitol building
  • Act of physical violence in a Capitol building

As we’ve previously reported, on the day of the riots, Maly allegedly pointed and sprayed a chemical irritant at a line of police officers attempting to secure the area of the Lower West Terrace of the U.S. Capitol Building, according to court documents.

Prosecutors said that he also helped another man, Jeffrey Scott Brown, 55, of Santa Ana, California, by giving him a can of spray. Brown has already been charged with various felony offenses and has pleaded not guilty.

Court records also indicate that on Jan. 6, Maly messaged his girlfriend in response to her concern about violence at the Capitol, and wrote, “I know …I’ve got stories though,” and “I was so fun …”

A sentencing date for Maly has not been set yet.

In the 22 months since Jan. 6, 2021, nearly 900 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 275 individuals charged with assaulting or impeding law enforcement, according to the FBI.

Five others in Southwest Virginia were charged in connection with the events of Jan. 6, including Jamie Ferguson, Jacob Fracker, Thomas Robertson, Jeremy Groseclose and Joshua Haynes.

This year, former Rocky Mount officer Jacob Fracker was sentenced to one year of probation and Thomas Robertson, also a former Rocky Mount officer, was sentenced to 87 months in prison.


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About the Author
Jazmine Otey headshot

Jazmine Otey joined the 10 News team in February 2021.