A Fincastle man who was accused of pepper spraying police officers during the Jan. 6 Capitol riot could spend over a decade behind bars, marking what could be one of the longest sentences yet for a Capitol rioter.
Prosecutors have recommended that Markus Maly be sentenced to 188 months of incarceration, or 15 years and 8 months, with three years of supervised release, $2,000 in restitution, a fine of $16,011 and the mandatory $620 special assessment.
“The attack on the U.S. Capitol, on January 6, 2021, was a criminal offense unparalleled in American history,” the sentencing memorandum read in part. “It represented a grave threat to our democratic norms; indeed, it was one of the only times in our history when the building was literally occupied by hostile participants. By its very nature, the attack defies comparison to other events. The nature and circumstances of Maly’s crimes weigh heavily towards a significant term of incarceration.”
Maly was found guilty of the following in December 2022:
- 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 reported previously, on the day of the riots, Maly reportedly sprayed officers with a chemical agent as they attempted to protect the grounds and buildings from rioters.
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.
In the 27 months since the Jan. 6 riot, more than 1,020 defendants have been arrested across the country in connection with the incident.
