Accused Assailants Await Charges in Death of Capitol Police Officer

WASHINGTON -- U.S. attorneys are trying to figure out final charges they will bring against two men accused of assaulting Capitol Police Officer Brian Sicknick with a chemical spray during the Jan. 6 riot, a day before he died.

They are sorting through evidence on whether their toxic spray, or a concussion from being hit with a fire extinguisher, caused his death.

George Tanios, 39, of Morgantown, West Virginia, and Julian Khater, 32, of Pennsylvania, were arraigned in U.S. District Court for the District of Columbia after being arrested last week as suspects in Sicknick’s death. 

Sicknick was one of five people who died during the insurrection, including a woman who was shot by a police officer inside the Capitol. Nearly 300 rioters have been charged so far, many with participating in attacking police officers with bats, chemical sprays and a series of punches and kicks. 

Khater was seen in video obtained by the FBI spraying Sicknick and others with what they suspect was bear spray, according to court papers. Khater reportedly told Tanios, “Give me that bear (expletive).”

Sicknick was standing guard near metal bike racks along with other officers when they were sprayed, the court filings say.

Khater then says, “they just (expletive) sprayed me,” as he holds a white can that prosecutors said “appears to be a can of chemical spray.”

After the officers were sprayed, they “immediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes,” according to the charging document.

Sicknick collapsed shortly afterward and died at a hospital on Jan. 7. Capitol Police said Sicknick died from injuries suffered “while physically engaging with protesters.”

The medical examiner’s report on Sicknick’s death is pending toxicology tests. Meanwhile, the Justice Department is proceeding under an assumption the assailants will be charged with murder.

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