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US officials arrested and charged two men with assaulting US Capitol Police Officer Brian Sicknick with bear spray during the January 6 riot, but they do not yet know if he caused the officer’s death.
George Tanios, 39, of Morgantown, West Virginia, and Julian Khater, 32, of Pennsylvania, were arrested Sunday. They were expected to appear in federal court on Tuesday.
The idea that Sicknick died after being sprayed by a chemical irritant has emerged in recent weeks as a new theory in the case.
The arrests are the closest federal prosecutors have come to identifying and charging anyone associated with the deaths that occurred during and after the riots.
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Five people were killed, including a woman who was shot by a police officer inside the Capitol. But many rioters face charges of injuring police officers, who were attacked with bats, sprayed with irritants, beaten and kicked, and rammed with metal doors designed to keep insurgents out of the Capitol.
Investigators initially believed Sicknick was hit in the head with a fire extinguisher, based on statements collected early in the investigation, according to two people familiar with the case. But as more evidence has been gathered, the theory of the case has evolved and investigators now believe that Sicknick may have ingested a chemical, possibly a bear spray, that may have contributed to his death, authorities said.
Khater is the man in a video obtained by the FBI that showed him spraying Sicknick and others with bear spray, according to court documents.
“Give me that bear (expletive), Khater told Tanios on the video, according to court documents. Sicknick and other officers were standing guard near the metal bike racks, the newspapers say.
Khater then says, “they just (expletive) sprayed me,” as he is seen holding a white can with a black lid that prosecutors said “appears to be a chemical spray can.”
After he sprayed the officers, “they immediately leave the line, put their hands to their faces and rush to get water to wash their eyes,” according to court documents.
The two suspects were in custody and the names of their lawyers were not immediately clear.
Sicknick died after defending the Capitol against the mob that stormed the building as Congress voted to certify Joe Biden’s electoral victory over Donald Trump. It came after Trump urged his supporters on the National Mall to “fight like hell” to reverse their defeat.
The circumstances surrounding Sicknick’s death remain unclear and the ultimate cause of death has not been determined. Capitol Police have said he died after being injured “while physically associating with protesters” and the agency’s acting chief said officials consider it a death in line of duty.
Sicknick later collapsed and died in a hospital on January 7. The US Department of Justice has opened a federal murder investigation into his death, but prosecutors are still evaluating what other specific charges could be brought in the case and the investigation is continuing, authorities said.
The medical examiner’s report on Sicknick’s death is incomplete. Capitol Police say they are awaiting toxicology results.
The FBI has already released about 250 photos of people wanted for assaulting federal law enforcement officers during the riot. Some have already been arrested, and the Justice Department said about 300 people have been charged with federal crimes related to the riots.
Associated Press writer Colleen Long contributed to this report.