A Maine man already facing 10 federal charges for his role in the 2021 insurrection at the nation’s Capitol could face more charges for allegedly attacking a third police officer.

Kyle Fitzsimons, 37, of Lebanon, has been in jail since he was arrested last February. He was indicted by a federal grand jury that month on 10 charges, including two counts of inflicting bodily injury on officers who were keeping guard at the U.S. Capitol on Jan. 6, 2021.

Federal prosecutors mentioned in a May 7 U.S. District Court filing that they intend to bring the new charges to a federal grand jury. They also agreed to give Fitzsimons’ attorneys more time to file a pretrial statement.

The FBI released this photograph of Kyle Fitzsimons during the Capitol insurrection on Jan. 6, 2021. The image is taken from a security camera at the Capitol. Federal court documents

“The government has informed counsel for the defendant that it intends to seek a superseding indictment adding a recently discovered third assault on a law enforcement officer,” prosecutors wrote in a footnote.

Attorneys don’t anticipate any delays to Fitzsimons’ jury trial, slated for June 13, 2022.

Fitzsimons so far has pleaded not guilty to all charges. A federal judge in September, after seeing police images of Fitzsimons charging at a line of officers, denied a request to release him while he awaits trial.


“When considering both Fitzsimons’s history of confrontational and threatening conduct in furtherance of his political views and his actions on January 6th, he has demonstrated a disregard for the safety of others and the rule of law,” U.S. District Judge Rudolph Contreras wrote in his order. “Accordingly, no combination of pretrial release conditions could reasonably guarantee the safety of the community.”

Fitzsimons was the first Maine resident to face federal prosecution for participating in the riot.

Hundreds of those who headed to the Capitol that day are now facing criminal charges. They include a handful of other Maine residents.

Glen Mitchell Simon, who is originally from Minot but later moved to Georgia, was arrested and pleaded not guilty to four federal misdemeanor charges last May. Nicholas Hendrix, of Gorham, was arrested and pleaded not guilty to four misdemeanor charges in August. Joshua Colgan of Jefferson was arrested and charged with four criminal counts earlier this month.

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