Markus Maly allegedly sprayed police with a chemical irritant outside of the Capitol at the Lower West Terrace. It’s possible he was acting to defend himself or others. He is also accused or taking a police shield, which police later confiscated from him that day before he left the area.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Markus
- Last Name(s): Maly
- Case Number: 21-cr-00178
- Arrest Location: Fincastle, VA
- Judge: Amit Mehta
- Entry Last Updated: 01/12/2024
- Date Docket Downloaded: 12/18/2022
- Currently Incarcerated: Yes
- Support Markus Maly: Click here to help cover Markus's legal and living expenses
Charges
Civil Disorder (2) Assaulting, Resisting, or Impeding Certain Officers Using a Deadly or Dangerous Weapon (5) Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon and Aiding and Abetting (7) Entering and Remaining in A Restricted Building or Grounds with a Deadly or Dangerous Weapon (9) Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (10) Engaging in Physical Violence in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (11) Disorderly Conduct in a Capitol Grounds or Buildings (12) Act of Physical Violence in the Capitol Grounds or Buildings (13)
Case Status
Maly was arrested on 2/9/22 and appeared in court on 2/17. He plead not guilty to all charges and was released on 3/4/22. On 12/6/22, a jury rendered a guilty verdict as to counts 2, 5, 7, 9, 10, 11, 12, 13, of the Second Superseding Indictment. Sentencing held on 6/9/2023, sentenced to 72 months of incarceration and 36 months of supervised release as to Counts 5, 7, 9, 10, and 11. Further sentenced to 60 months of incarceration and 36 months of supervised release as to Count 2. He also received a sentence of 6 months incarceration as to Counts 12 and 13. All terms of incarceration/supervised release to serve concurrently.
USA Attorney
Stephen Rancourt
Assistant United States Attorney TX Bar Number: 24079181 United States Attorney's Office District of Columbia
Phone- (806)-472-7398
Email- [email protected]
Case Documents
- Markus Maly Docket Sheet as of 1/12/2024
- #1 Complaint
- #1 a) Statement of Facts
- #3 MOTION to Seal Case by USA as to MARKUS MALY
- #4 ORDER granting 3 Motion to Seal Case as to MARKUS MALY (1). Signed by Magistrate Judge G. Michael Harvey on 1/13/2022
- #5 Arrest Warrant, dated 1/13/2022, Returned Executed on 1/26/2022 as to MARKUS MALY
- #6 NOTICE OF ATTORNEY APPEARANCE: Benjamin Mark Schiffelbein appearing for MARKUS MALY
- #7 MOTION for Bond review by District Court by MARKUS MALY.
- #8 RESPONSE by USA as to MARKUS MALY re [7] MOTION for Bond review by District Court
- #9 NOTICE of Filing of Exhibits Pursuant to Local Criminal Rule 49 by USA as to MARKUS MALY
- #63 SECOND SUPERSEDING INDICTMENT as to PETER SCHWARTZ (1) count(s) 1ss, 2ss, 3ss-4ss, 7ss, 8ss, 9ss, 10ss, 11ss, 12ss, 13ss, JEFFREY SCOTT BROWN (2) count(s) 2s, 7s, 9s, 10s, 11s, 12s, 13s, MARKUS MALY (3) count(s) 2, 5, 7, 9, 10, 11, 12, 13, SHELLY STALLINGS (4) count(s) 2, 6, 9, 10, 11, 12, 13
- #65-MOTION to Seal Case by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #66-ORDER granting 65 Motion to Seal Case as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #70-Opposition in Support of Pretrial Detention by USA as to MARKUS MALY
- #72-PRETRIAL ORDER as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #75-MOTION for Reconsideration of Bond and Release by JEFFREY SCOTT BROWN as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS_
- #77-NOTICE of Filing of Additional Exhibit by USA as to MARKUS MALY
- #82-ORDER Setting Conditions of Release with Global Positioning System Monitoring as to MARKUS MALY
- #83-Unopposed MOTION for Protective Order by USA as to MARKUS MALY
- #84-Unopposed MOTION for Order to Disclose 6(e) and Sealed Materials by USA as to MARKUS MALY
- #85-ORDER granting [83] Unopposed Motion for Protective Order as to MARKUS MALY
- #86-ORDER granting [84] Unopposed Motion for an Order to Disclose Items Protected by Federal Rule of Criminal Procedure 6e
- #87-AMENDED PRETRIAL ORDER as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, and SHELLY STALLINGS
- #89-AMENDED PRETRIAL ORDER as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, and SHELLY STALLINGS
- #102-NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Cho, Cindy Jane added
- #103-STATUS REPORT Regarding Discovery by JEFFREY SCOTT BROWN as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #107-MOTION for Release from Custody to Prepare for Trial by JEFFREY SCOTT BROWN as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #110-NOTICE OF WITHDRAWAL OF APPEARANCE of Elizabeth C. Kelley by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #115-NOTICE OF ATTORNEY APPEARANCE Stephen James Rancourt appearing for USA
- #122-MOTION to Sever Defendant by JEFFREY SCOTT BROWN as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #123-MOTION to Change Venue by JEFFREY SCOTT BROWN as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #124-MOTION to Suppress statements by MARKUS MALY
- #127 Memorandum in Opposition by USA as to MARKUS MALY re 124 Motion to Suppress
- #127 a) Exhibit 1- Maly Advice of Rights Form
- #127 b) Exhibit 2- FBI Report Fincastle SW Execution
- #127 c) Exhibit 3- FBI Report of 1/26/2022 Maly Interview
- #131-Memorandum in Opposition by USA as to PETER SCHWARTZ
- #137 NOTICE of Intent to Introduce Evidence under Federal Rule of Evidence 404(b) by USA as to MARKUS MALY
- #137 a) Exhibit A
- #140- MOTION in Limine to Preclude Claim of Self-Defense for Defendants Peter Schwartz, Jeffrey Brown, and Markus Maly by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY. Modified event type and text to remove unassociated defendant on 9/28/2022
- #142-ORDER denying 118 Motion for Change of Venue as to PETER SCHWARTZ; denying 119 Motion to Dismiss as to SCHWARTZ; denying 120 Motion to Sever Defendant as to SCHWARTZ; denying 122 Motion to Sever Defendant as to JEFFREY SCOTT BROWN; denying 123 Motion for Change of Venue as to BROWN; and denying 126 Motion to Continue as to BROWN
- #143-RESPONSE by PETER SCHWARTZ as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS re 140 MOTION in Limine
- #147-Joint Pretrial Statement by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY
- #151 Consent MOTION for Bond (to amend conditions of release) by MARKUS MALY.
- #157-MOTION in Limine by PETER SCHWARTZ as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #159-RESPONSE by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS re 157 MOTION in Limine to Exclude Testimony
- #160 RESPONSE by MARKUS MALY re 157 MOTION in Limine
- #163 Proposed Jury Instructions by MARKUS MALY
- #164-Jury Notes (2) as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, and MARKUS MALY
- #167 JURY VERDICT as to MARKUS MALY
- #169-Jury Instruction Email Correspondence
- #170-Draft Jury Instructions. December 1, 2022.
- #171-Draft Jury Instructions. December 2, 2022
- #204 SENTENCING MEMORANDUM by USA as to MARKUS MALY
- #206 SENTENCING MEMORANDUM by MARKUS MALY
- #207 NOTICE of Filing of Exhibits Pursuant to Local Crim. R. 49 by USA as to MARKUS MALY re 204 Sentencing Memorandum
- #207 a) Exhibit A
- #208 SUPPLEMENT by MARKUS MALY Letter of Support
- #222 SUPPLEMENT by USA as to MARKUS MALY re 204 Sentencing Memorandum
- #223 RESPONSE by MARKUS MALY re 204 Sentencing Memorandum and 222 (why the court should not impose a fine against Mr. Maly)
- #224 Unopposed MOTION for Extension of Time to File Response/Reply to the Court's Order to Show Cause by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS.
- #225 NOTICE OF APPEAL - Final Judgment by MARKUS MALY Fee Status: No Fee Paid. Parties have been notified.
- #226 JUDGMENT as to MARKUS MALY. Statement of Reasons Not Included. Signed by Judge Amit P. Mehta on 6/22/2023
- #228 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The fee was not paid as the defendant is represented by FPD as to MARKUS MALY re 225 Notice of Appeal - Final Judgment
- #230 NOTICE OF WITHDRAWAL OF APPEARANCE by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
- #231 RESPONSE TO ORDER TO SHOW CAUSE by USA as to PETER SCHWARTZ, JEFFREY SCOTT BROWN, MARKUS MALY, SHELLY STALLINGS
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