Accused Capitol rioters seek more time for plea deal

Two men from State College, Pa., and Morgantown, W.Va., who are charged with attacking police with a chemical spray during the Capitol insurrection have had “meaningful discussions” with the government about a plea deal and want more time to work one out.

Julian Khater, of State College, and George Tanios, of Morgantown, are under indictment on numerous felony counts of participating in the riot by a pro-Trump mob that stormed the Capitol in support of baseless voter fraud claims.

Both are accused of assaulting an officer and conspiracy to injure officers with chemical spray, among other charges.

In court filings, lawyers for both men said they and the U.S. attorney’s office have been working toward a deal that would avoid “the unnecessary expenditure of judicial resources” and the necessity of police officers and their families “from having to bear the emotional toll of a trial.”

They asked a judge to push back the trial date.

Mr. Khater filed his pretrial motions Feb. 24, and Mr. Tanios filed his on March 16. The U.S. attorney’s office is set to respond by Thursday, and the trial is currently set for June 6.

Mr. Khater, 33, and Mr. Tanios, 40, were charged by complaint a year ago and then indicted on 10 counts related to the breach, including conspiracy to assault police and assaulting police with a dangerous weapon.

Mr. Khater is accused of spraying U.S. Capitol police Officer Brian Sicknick and others with chemical spray. Officer Sicknick later died after suffering a stroke. Mr. Khater is not charged with killing him.

Prosecutors said the pair were seen on video working together to attack police with chemical spray, directing it in the face and eyes of officers trying to quell the mob.

Video shows Mr. Khater asking Mr. Tanios to give him “that bear [expletive],” a reference to what prosecutors have described as bear spray. Mr. Tanios tells him to “hold on” because “it’s still early,” according to the FBI.

Mr. Khater then retrieved a canister from Mr. Tanios’ backpack and walked through the throng of Trump rioters to within a few steps of the police line. Video shows him extending his right arm and spraying the officers. Officer Sicknick and two others were hit. They retreated to find water to wash out their eyes, prosecutors said.

Officer Sicknick died the next day. The medical examiner’s office determined that he had suffered two strokes and died of natural causes.