Amherst man, identified at U.S. Capitol riot, ordered by judge to be detained

BUFFALO, N.Y. — A federal court judge in the District of Columbia has ordered that an Amherst man involved in the U.S. Capitol insurrection in January be detained pending trial.

This ruling reverses a lower court’s ruling that Thomas Sibick remain on home incarceration with his parents in Amherst.

Among several charges, Sibick is accused of violent entry, disorderly conduct and taking the badge and a radio from a D.C. police officer, who prosecutors say was then beaten and hospitalized.

In court documents, prosecutors say Sibick can be seen through the lens of a body camera, reaching for the officer... that Sibick can be seen posing with an officer's shield. Prosecutors also show a picture of the bullet proof vest, showing the hole where the badge was.

Defense attorneys for Sibick argue he was just trying to help pull the officer away from the rioters.

But, prosecutors say Sibick went on social media saying he was in the riot – saying in a post – "Wildest experience in my life."

Tuesday's hearing was all about whether Sibick should be detained.

Last week, Magistrate Judge Kenneth Schroeder in Buffalo dismissed a motion to have Sibick detained, instead putting him on home incarceration with his parents.

Federal prosecutors appealed the ruling and Tuesday a federal court judge in D.C. ruled there is overwhelming evidence that Sibick is a danger and that he has lied numerous times about what he did with the officer's badge and radio, claiming at one time to have dumped it in a trash can, then saying he left it behind a hotel.  He then said he buried it in his backyard.

Prosecutors say Sibick has a criminal history which includes drug possession and DWI.

Federal prosecutors will issue an arrest warrant for Sibick and that he will be transported to D.C. where he will remain in custody pending trial without bond.

Federal law enforcement agencies continue to investigate the violent events at the Capitol, in what has been a massive and complex investigation.

Sibick's defense attorneys from the public defender's office maintain that he's not; he’s 35 years old and that prior to this case, had been working in a nursing home. 

“[...] the government knew where Mr. Sibick was," his attorneys wrote in court documents, "for several weeks after having collected, according to the government, the most incriminating evidence against him. If Mr. Sibick was such an ongoing danger to the community, why did the government allow him to remain free for so long and then permit him to surrender himself to authorities?”

Prosecutors respond to that saying it takes time to develop cases. 

Sibick faces a maximum of 15 years behind bars if convicted.