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Lebanon man arrested in Capitol unrest waives bail hearing; case moves to DC

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Kyle Fitzsimons in photo just prior to walking to the Capitol on Jan. 6 (Courtesy photo)

PORTLAND, Maine - The Lebanon man arrested in last month's Capitol unrest waived his right to a bail hearing in U.S. Federal Court in Maine today paving the way for the speedy transfer of his case to a federal court in the District of Columbia.

Ryan Fitzsimons, 37, dressed in orange jail garb, appeared remotely from the Cumberland County Jail as he calmly answered questions of U.S. District Judge for the District of Maine John Rich.

During an initial appearance on Friday Fitzsimons had requested a bail hearing in Maine today, but changed his mind and requested that both the bail and probable cause hearing be delayed until they can be heard in the charging district, which is D.C.

It was not made clear during the 20-minute hearing when Fitzsimons would be transferred to a D.C. jail. His public defender, James Nixon, was not immediately available this afternoon for comment regarding the logistics of the transfer.

Fitzsimons, a husband and father of a one-year-old daughter, has yet to make a plea in the case. He faces more than 13 years in federal prison if convicted on all charges, which include assault on a federal law enforcement officer, obstruction of enforcement and trespassing on federal property, namely the U.S. Capitol.

Meanwhile, neighbors of Fitzsimons had nothing but good things to say about him and were shocked that he was charged with such crimes.

"They are very nice people," said Linda Kendall, whose family lives across the street.

Kendall said the mother works as a teacher.

Fitzsimons told The Rochester Voice in a Jan. 11 article that he went to the Capitol not to riot, but to protest voter fraud and support President Trump in efforts to decertify what was seen by many as an election fraught with statistical anomalies, compromised voting machines and even video evidence that showed ballot counting irregularities such as at State Farm Arena in Atlanta, Ga.

Fitzsimons said he was unwillingly swept up in a "horde of humanity" outside the Capitol that swept him toward a police line where he was struck on the head.

He said after he was struck he was helped by Good Samaritans who helped him get to a D.C. hospital where he received six stitches for a gash on the crown of his head.

According to an affidavit filed in federal court, Fitzsimons twice charged at a line of Metropolitan Police Department officers who managed to fight him off. One struck Fitzsimons on the head with a baton, according to the FBI's affidavit, which said he charged at a line of officers.

Fitzsimons, who worked as a butcher prior to his arrest, is well known in Lebanon as a second-amendment activist. He also served as a member on the town's Cannabis Committee, whose function it was to form rules, regulations and fees on businesses related to medical and recreational sales within the town.

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