Updated: October 12, 2021 05:49 PM
Created: October 10, 2021 05:29 PM
ROCHESTER, N.Y. (WHEC) — A Hilton man facing federal criminal charges in connection to the Jan. 6 riot at the U.S. Capitol was in court Tuesday for a detention hearing.
The government requested the hearing because they see 28-year-old Cody Mattice of Hilton as a flight risk and a danger to the community.
No decision was made Tuesday because the judge wants to review video evidence the government says it has that proves Mattice was at the U.S. Capital on Jan. 6 and participated in the riot.
However, we did learn the government claims to have evidence prosecutors say shows Mattice tearing down a barrier and spraying pepper spray into a tunnel where police officers were stationed. During a search warrant at his home in Hilton on Thursday his cell phone was seized.
The government said there is a text on his cell phone that says "I maced a cop ". Also on that phone, when asked by a friend why he stormed the Capital, Mattice allegedly said Trump told us to because of the fraud.
The defense said they have not been able to verify that the cell phone belongs to Mattice, or that no one else has used it to send or receive messages.
The defense argued that Mattice is not a flight risk or a danger to the community. His attorney said if he was going to leave town or do anything dangerous he would have done so by now.
Mattice was arrested this week. In his initial court appearance last week, the government asked for a detention hearing because they consider Mattice a flight risk and a danger to the community. Mattice was arrested Thursday.
The warrant issued by DC Federal Court says he lives on Trimmer Road in Hilton. The warrant has a list of charges on it detailing the alleged connection to the riots at the Capitol. Those charges include: weapons offenses, assaulting, resisting or impeding certain officers using a dangerous weapon, and act of physical violence in the U.S. Capitol.
Dominic Pezzola, 43, from Rochester, is also accused of being in the mob that overran the Capitol. The U.S. Attorney's office says Pezzola was recognized in video clips using a stolen police riot shield and smashed a window to get inside the capitol.
Mattice is due back in Rochester Federal Court for that detention hearing Tuesday at 2:30 p.m.
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