Julian Elie Khater and George Pierre Tanios - charged and arrested in the Death of US Capitol Police Officer Brian Siknick -UPDATED

Finally and yes it was captured on Body Worn Camera(s) and the search warrant affidavits are a must read because it provides a sense of the construct of the prosecutor’s case...

Updated March 15, 2021 4:31PM - updated with order granting temporary detention and setting date for preliminary hearing & detention hearing for March 18, 2021

The criminal Complaint:

Both charged (these are incredibly serious charges);

18 U.S.C. §§ 111(a) and (b) - Assault on Federal Officer with Dangerous Weapon; 18 U.S.C. §§ 111(a) and (b) - Assault on Federal Officer with Dangerous Weapon; 18 U.S.C. §§ 111(a) and (b) - Assault on Federal Officer with Dangerous Weapon; 18 U.S.C. § 372 - Conspiracy to Injure an Officer; 18 U.S.C. § 231(a)(3) - Civil Disorder; 18 U.S.C. § 1512(c)(2) - Obstructing or Impeding Any Official Proceeding; 18 U.S.C. § 1752(a)(1), (2), (4), (b)(1)(A) and (b)(1)(B) – Physical violence on restricted grounds, while carrying dangerous weapon, and resulting in significant bodily injury; 40 U.S.C. § 5104(e)(2)(f) – Violent entry and disorderly conduct, act of physical violence on Capitol Grounds; and 18 U.S.C. § 2 - Aiding and Abetting.

The affidavit reads:

“Officers Sicknick, Edwards and Chapman, who are standing within a few feet of KHATER, all react, one by one, to something striking them in the face. The officers immediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes…

….defendants, JULIAN ELIE KHATER and GEORGE PIERRE TANIOS, working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes….”

Again I’ll never understand why the “fire extinguisher” took root - I repeatedly tried to tell my readers that was disinformation that the death was likely caused by the excessive deployment of a chemical irritant;

“KHATER continues to talk animatedly with TANIOS. At approximately 2:20 p.m., KHATER walks through the crowd to within a few steps of the bike rack barrier. KHATER is standing directly across from a line of law enforcement officers to include U.S. Capitol Police (“USCP”) Officers B. Sicknick and C. Edwards, and Metropolitan Police Department (“MPD”) Officer D. Chapman, who was equipped with a functioning body worn camera (“BWC”) device.

Officer Chapman’s BWC shows that at 2:23 p.m., the rioters begin pulling on a bike rack to Chapman’s left, using ropes and their hands to pull the rack away. Seconds later, KHATER is observed with his right arm up high in the air, appearing to be holding a canister in his right hand and aiming it in the officers’ direction while moving his right arm from side to side. Officer Chapman’s BWC confirms that KHATER was standing only five to eight feet away from the officers.

“Officers Sicknick, Edwards and Chapman, who are standing within a few feet of KHATER, all react, one by one, to something striking them in the face. The officers immediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes, as described in further detail…

“KHATER is again observed raising his arm and continues to spray in the direction of law enforcement officers. MPD Lt. Bagshaw notices these actions and approaches KHATER. At 2:23 p.m., Lt. Bagshaw then sprays KHATER, as observed on both surveillance footage and Lt. Bagshaw’s BWC….”

“All three officers were incapacitated and unable to perform their duties for at least 20 minutes or longer while they recovered from the spray. Officer Edwards reported lasting injuries underneath her eyes, including scabbing that remained on her face for weeks…”

“Defendant KHATER was listed as subject number 190. Defendant TANIOS was listed as subject number 254. A tipster to the FBI provided information that TANIOS and KHATER knew each other and grew up together in New Jersey…”

So investigators received several tips and subsequently reviewed the defendants LinkedIn account and other social media accounts

It came down to the “Sandwich University” sweatshirt and a keen eye by both a former coworker and the investigators …

“kingofthefatsandwich.” no really that’s in the affidavit …

Redacted Affiliation Found here. According to the DOJ-OPA:

“…arrested on Sunday in connection with a complaint filed in federal court in Washington, D.C., charging them with conspiring to injure officers and assaulting federal officers, among other charges, on Jan. 6.  Khater was arrested as he disembarked from an airplane at Newark Airport in New Jersey.  Tanios was arrested at his residence in West Virginia.

Motion for Detention filed by USA as to Defendant Tanios - ECF

Or via my public drive https://drive.google.com/file/d/1xwceNNp-gLcaVKJte87Ds6ViR76Er1av/view?usp=drivesdk

Sorry more files incoming - paperless Minute Order WVDC- Defendant Tanios

SEARCH WARRANTS

United States v. 2012 White Jeep Grand Cherokee with West Virginia License Tag 53T507, VIN 1C4RJFAT2CC204303 (1:21-mj-00024) ECF -and it is well worth reading the 65+page affidavit in support of the search warrant - I uploaded it to my public drive, found here. I literally have <27 minutes before I have to jump on a Teams Call - so I’m speedy racing through the Court Documents

United States v. XXXBeechurst Avenue, Morgantown, WV 26505 (1:21-mj-00025) (Entered: 03/14/2021) Document Number:1 Attachment Description Affidavit Agent - Attachment A - Property to be Searched and Attachment B - Description of Property to be Seized United States v. XXX Blue Ridge Lane, Morgantown, WV 26508 (1:21-mj-00026) ECF

NEXUS TO PREMISES

This is why it is always important to read every court filing - it is absolutely clear that Federal Law Enforcement, surveilled Defendants - as previously mentioned the Agent’s Affidavit for the search warrant(s) is 65 pages long and tucked in are numerous previously unknown (to the general public) facts:

“…Accurint records list TANIOS as a member, president, and chief executive officer of the BUSINESS. An open source article from March 21, 2019, shows a photograph of TANIOS and discusses the BUSINESS. The article identifies TANIOS as the general manager…. March 5, 2021, at approximately 5:25 p.m., and March 7, 2021, at approximately 7:30 a.m., law enforcement observed the VEHICLE parked outside of the BUSINESS.”

“…March 5, 2021, law enforcement conducted surveillance 120 Putnam Street and appears to be vacant. On March 5, 2021, at approximately 5:25 p.m., law enforcement observed the VEHICLE parked outside of the BUSINESS, which your affiant knows is Sandwich University, owned by TANIOS…”

“…TANIOS and KHATER utilized cellular telephones to communicated on January 6, 2021 at the U.S. Capitol. Law enforcement database shows TANIOS associated with telephone number…“

Remember how some of us said “you idiots brought your cell phones to the deadly insurrection” well that ding-dong move greatly assisted Law Enforcement to track you down. Come on you brought your cell to document your crime-ing

“…numerous persons committing the Target Offenses possessed digital devices that they used to record and post photos and videos of themselves and others committing those offenses…numerous persons committing the Target Offenses possessed digital devices to communicate with other individuals to plan their attendance at the gatherings, to coordinate with other participants at the gatherings, and to post on social media and digital forums about the gatherings…”

“….some companies provide services that seamlessly sync data across devices, such as Apple devices and the Apple iCloud service. Thus, there is reason to believe that evidence of the offense that originally resided on TANIOS’ cell phone may also be saved to other digital devices within his PREMISES, BUSINESS, or VEHICLE…”

I have to get back to my actual J-O-B but I’ve uploaded the 65 page Affidavit regarding the three search warrant(s) - you can find it on my public drive or you can pay >$12 for each Affidavit Jeep Warrant ECF - Blue Ridge Lane Affidavit ECF, Beechurst Avenue Search Warrant Affidavit ECF and other court filings in this case - I’ll like write a more detailed article after COB but I have to get back to work

Exhibit B of search warrant - WHOA

Via ECF or via my public drive - for the most part this is pretty SOP - except when it isn’t…

For example on page 3 of Exhibit B, which reads in part - those tiny tiny details:

“Records and information that constitute evidence of the SSUBJECT’s possible affiliation with Oath Keepers or other similar organizations..”

The Magistrate Judge granted the Government’s request to detain via ECF or via my public drive.

“Detention Hearing set for 3/18/2021 10:00 AM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge Michael John Aloi.”

You can also review the recent docket report via ECF or via my public drive