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Two men charged with assault in attack on Capitol police officer who later died - NBC News

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Two people were arrested and charged in connection with the alleged assault of U.S. Capitol Police Officer Brian Sicknick, but federal authorities stopped short of charging them with his death, according to court documents.

U.S. Capitol Police officer Brian Sicknick.Capitol Police via Reuters

Julian Elie Khater, 32, of Pennsylvania, and George Pierre Tanios, 39 of West Virginia, were taken into custody on Sunday and accused of using spray during the Jan. 6 attack on the U.S. Capitol, officials said.

Sicknick died a day after the riots, and authorities suspect he may have inhaled a spray-type irritant, such as bear spray, during the riot.

Khater and Tanios have been charged with assault, but not for killing Sicknick.

The FBI has video of both Khater and Tanios "working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes," FBI Special Agent Riley Palmertree wrote in a search warrant application.

There's also footage of Khater reaching into Tanois' backpack while saying, “Give me that bear sh-t" as Khater is later "seen holding a white can with a black top that appears to be a can of chemical spray," the application said.

"Many of the federal police officers were injured and several were admitted to the hospital," Palmertree wrote of the Jan. 6 mayhem.

"The subjects also confronted and terrorized members of Congress, Congressional staff, and the media. The subjects carried weapons including tire irons, sledgehammers, bear spray, and tasers."

A body camera of one officer allegedly captured Khater "holding a canister in his right hand and aiming it in the officers’ direction while moving his right arm from side to side," Palmertree wrote.

Three officers, including Sicknick, appeared to be hit with the chemical.

"The officers immediately retreat from the line, bring their hands to their faces and rush to find water to wash out their eyes," Palmertree wrote.

"The officers were temporarily blinded by the substance, were temporarily disabled from performing their duties and needed medical attention and assistance from fellow officers."

Khater and Tanios are longtime friends, having grown up together in New Jersey, according to the court document. Tanios is the owner and operator of the Sandwich University restaurant in Morgantown.

Calls to cell phones listed for Khater and Tanios went straight to voice mail on Monday. A lawyer who had previously represented Tanios in a bankruptcy application could not be immediately reached for comment.

Rich Schapiro contributed.

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