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Capitol assault: two men charged in death of officer after riot

The Justice Department has arrested and charged two men with assaulting U.S. Capitol officer Brian Sicknick with a chemical spray during the Jan. 6 riot. Mr. Sicknick died Jan. 7 and the chemical spray may have contributed to his death.

A placard with an image of the late U.S. Capitol Police officer Brian Sicknick is seen at the Capitol Rotunda in Washington, Feb. 2, 2021. One of the suspects charged in his death had been seen on video appearing to spray a chemical substance on Mr. Sicknick.

United States officials have arrested and charged two men with assaulting U.S. Capitol Police officer Brian Sicknick with bear spray during the Jan. 6 riot, but they do not know yet whether it caused the officer鈥檚 death.

George Tanios of Morgantown, West Virginia, and Julian Khater of Pennsylvania, were arrested Sunday. They were expected to appear in federal court Monday. The idea that Mr. 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 happened during and after the riot. Five people died, including a woman who was shot by a police officer inside the Capitol. But many rioters are facing charges of injuring police officers, who were attacked with bats, sprayed with irritants, punched and kicked, and rammed with metal gates meant to keep the insurrectionists from the Capitol.

Investigators initially believed that Mr. 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 they鈥檝e collected more evidence, the theory of the case has evolved and investigators now believe Mr. Sicknick may have ingested a chemical substance 鈥 possibly bear spray 鈥 that may have contributed to his death, officials have said.

Mr. Khater is the man in a video obtained by the FBI that showed him spraying Mr. Sicknick and others with bear spray, according to court papers.

鈥淕ive me that bear [expletive],鈥 Mr. Khater said to Mr. Tanios on the video, according to court papers. Mr. Sicknick and other officers were standing guard near metal bike racks, the papers say.

Mr. Khater then says, 鈥渢hey just [expletive] sprayed me,鈥 as he鈥檚 seen holding a white can with a black top that prosecutors said 鈥渁ppears to be a can of chemical spray.鈥

After he sprayed the officers, they 鈥渋mmediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes,鈥 according to the court papers.

The two suspects were in custody, and the names of their lawyers weren鈥檛 immediately clear.

Mr. Sicknick died after defending the Capitol against the mob that stormed the building as Congress was voting to certify Joe Biden鈥檚 electoral win over Donald Trump. It came after Mr. Trump urged supporters on the National Mall to 鈥渇ight like hell鈥 to overturn his defeat.

The circumstances surrounding Mr. Sicknick鈥檚 death remain unclear, and a final cause of death has not been determined. Capitol Police have said he died after he was injured 鈥渨hile physically engaging with protesters鈥 and the agency鈥檚 acting chief said officials consider it a line-of-duty death.

Mr. Sicknick collapsed later on and died at a hospital on Jan. 7. The Justice Department 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 probe continues, officials have said.

The medical examiner鈥檚 report on Mr. Sicknick鈥檚 death is incomplete. Capitol Police say they are awaiting toxicology results.

The FBI has already released about 250 photos of people being sought 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 offenses related to the riot.

This story was reported by The Associated Press. AP writer Colleen Long contributed to this report.

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