A police officer from Maryland was found guilty on Friday for participating in the January 6, 2021 attack on the U.S. Capitol where he hurled a smoke bomb and other objects at police officers guarding a tunnel entrance. Justin Lee, a Montgomery County Police Officer, was convicted of two felonies and three misdemeanors by U.S. District Judge Trevor McFadden after a two-day trial without a jury. Despite being acquitted of two other misdemeanors, Lee is set to be sentenced on November 22. The incident occurred when Lee threw a smoke bomb into the tunnel entrance on the Capitol’s Lower West Terrace, causing chaos during the riot.
Judge McFadden emphasized that no police officer should have to endure such attacks and provocations. Lee, who is currently out on bail until his sentencing, did not display any obvious reaction upon hearing the verdict. The Montgomery County Police Department promptly suspended Lee without pay after his arrest last October, stating they were in the process of terminating his employment. The department clarified that Lee’s actions do not reflect the values of the entire department.
Lee, a resident of Rockville, Maryland, joined the police force approximately one year after the riot. It was only in July 2023 that the department became aware of his alleged involvement in the attack and subsequent FBI investigation. Video evidence shows Lee wearing distinctive attire outside the Capitol and participating in the chaos. Prosecutors revealed that Lee incited other rioters to advance on police and threw objects at officers guarding the tunnel, with the smoke bomb hindering law enforcement efforts.
Lee faced seven charges, ultimately being convicted of two felonies and misdemeanor charges including disorderly conduct and trespassing. Despite the guilty verdict on these counts, Lee was acquitted of engaging in physical violence as the judge ruled there was insufficient evidence to support these particular charges. Lee’s defense attorney argued that the assault charge should not apply as there was no physical contact between Lee’s smoke bomb and the officer due to the riot shield. Following the Capitol incident, Lee had been on administrative leave but was suspended without pay in connection to the January 6 charges, separate from an incident where he shot and killed a suspect in a stabbing incident in July 2023.
In that particular case, Lee was responding to a stabbing at a thrift store in Silver Spring, Maryland, when he confronted a suspect wielding a knife. The suspect failed to comply with commands to drop the weapon and moved towards Lee, resulting in the officer discharging his firearm. Despite the suspect being critically injured, all victims of the stabbings were expected to survive. The police department clarified that Lee’s unpaid suspension was linked to the Capitol attack charges rather than the shooting incident in July 2023.