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Trial ends for Maine man accused of assaulting officers during Capitol riot

Kyle Fitzsimons of Lebanon is accused of assaulting multiple officers during the Jan. 6 insurrection.

PORTLAND, Maine — The trial of a Maine man who attended the siege on the U.S. Capitol on Jan. 6, 2021, wrapped up Friday. 

Kyle Fitzsimons, of Lebanon, faces 11 criminal charges in connection with the insurrection, and six of those charges are felonies. Among the charges, Fitzsimons is accused of assaulting multiple officers during the riot. 

Closing arguments began shortly after 10:30 a.m. Friday. 

Prosecutors started by walking the courtroom through Fitzsimons' alleged actions that day. 

Assistant U.S. Attorney Michael Gordon described Fitzsimons' action to move toward the Capitol building. Gordon said Fitzsimons carried an unstrung bow and pushed passed other protestors to get closer to the building. 

Prosecutors then revisited testimony from officers that Fitzsimons' allegedly assaulted.

"The reign of terror he unleashed in under four minutes is remarkable," Gordon said during closing arguments. 

The prosecution urged the judge to find Fitzsimons guilty on the various assault charges. Gordon referenced video that allegedly showed Fitzsimons assaulting an officer with an unstrung bow by striking the officer in the head.

Officer Sarah Beaver with the Metro PD gave testimony on the incident earlier in the trial.

RELATED: DOJ, defense rest after Mainer charged in Capitol riot sees third day in court

Gordon also referenced an assault charge connected to Fitzsimons' alleged assault of Metro Police Sgt. Phuson Nguyen. 

During testimony earlier in the trial, Nguyen said he remembers having his gas mask pulled down enough so it no longer protected him before he was hit with pepper spray.

In addition to charges connected to those assaults, prosecutors also discussed the alleged assault of Capitol Police Officer Aquilino Gonell. 

Gonell said during testimony that Fitzsimons was the one whose shoulder became injured, which he described as the worst pain he’s experienced in his life.

The injury he suffered required surgery to repair, and Gonell has not returned to active duty since then.

RELATED: 'There would have been a blood bath' | Maine man charged in Capitol attack has second day in court

Gordon argued that by obstructing law enforcement from protecting the Capitol and allowing Congress to resume its normal duties, he obstructed official government proceedings. 

Closing arguments lasted roughly an hour and a half. Court-appointed defense attorney Natasha Taylor Smith argued against some of the testimony and video evidence shared by the prosecution.

"Kyle Fitzsimons faces judgment for the action he took, not the actions, thoughts, feelings of other individuals," Smith said. 

Smith began by pushing back against claims Fitzsimons assaulted officers. She argued that in the alleged assault of Beaver, the unstrung bow that reportedly struck an officer was deflected by other protestors, and questioned Fitzsimons' responsibility for the bow striking the head of Beaver.

RELATED: Maine man charged in Jan. 6 Capitol riot sees first day in court

Next, Smith disputed her clients reported assault of Sgt. Nguyen. She says that there are insufficient camera views to show that Fitzsimons is responsible. 

In the alleged assault of Gonell, Smith says at that time, Fitzsimons was on the ground and in "peril of being crushed to death." Smith said during closing arguments that her client was "trying to not die that day" and that Fitzsimons never intended to injure Gonell. 

Smith went on to discuss a photo of her client that was widely shared following the Capitol riot that showed Fitzsimons with a bloodied face. 

According to Gordon, Fitzsimons' wound was caused by another rioter. Smith, however, said this photo made Fitzsimons the "poster child" of Jan. 6 and "demonized him."

Smith also referenced calls to U.S. Rep. Jared Golden's office ahead of the Capitol riot, during which she said no threats were made. Smith said her client didn't attend the riot with any weapons, different than others that came armed with knives, guns, and zip-ties. 

Smith concluded closing arguments in just under an hour. 

Fitzsimons faces the following 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

The verdict will be decided by a judge, as Fitzsimons was granted a request to waive a juried trial. 

Briefs will be due to the judge by next Friday from the prosecution and defense. A judge is expected to issue an opinion in person in September. 

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