Published on: Tuesday, August 10, 2021

A West Virginia man charged with chemically spraying Capitol Police Officer Brian Sicknick, who died the next day after suffering two strokes, should be let out on bond, the United States Court of Appeals for the District of Columbia Circuit ruled late Monday night (article available here).

Reversing a May order that had denied bond to George Tanios, a three-judge panel said the trial court "clearly erred in its individualized assessment of appellant’s dangerousness."

“The record reflects that Tanios has no past felony convictions, no ties to any extremist organizations, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community within the meaning of the Bail Reform Act," the brief order states.

Authorities charged Tanios, a 39-year-old sandwich shop owner from Morgantown, W.Va., in March alongside Julian Khater, a 32-year-old from State College, Pa., saying the men worked together to spray the face and eyes of three law enforcement officers with a chemical irritant.

Body-cam and other footage show that the men walked up through the crowds and then sprayed officers.

Two weeks ago, another three-judge panel ordered that Khater remain locked up while he waits for his trial.