Judges overrules release of accused US Capitol attacker Cody Mattice | WHEC.com

Judges overrules release of accused US Capitol attacker Cody Mattice

Nikki Rudd, WHEC staff
Updated: October 22, 2021 04:34 PM
Created: October 22, 2021 12:48 PM

ROCHESTER, N.Y. (WHEC) — Despite pleas from his family and friends, a Hilton man will remain in custody without bail. Cody Mattice is accused of pepper-spraying police during the U.S. Capitol riot on Jan. 6. He was back in federal court Friday.

D.C.. District Court Judge Beryl Howell Friday ordered Cody Mattice will be held in detention without bail until his trial. The move overruled a prior decision by United States District Court Judge Mark Pedersen to allow Mattice to be released until trial.

This is not what family and friends wanted. Seventeen letters were written to support his release before trial so he could be home with his fiancee and two children. 

The defense attorney argued Mattice was at the Capitol to shake up the government not to fight with officers. The prosecution says Mattice admitted to police that he used pepper spray and claim he even texted a relative that he "maced a cop." The U.S. attorney says that may have contributed to three officers being pulled into a crowd and assaulted.

Mattice, 28, was initially in court last week for a detention hearing because government prosecutors felt he was a flight risk and a danger to the community. No decision was made at the time because the judge wanted 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.

That was before documents containing photos, videos, and the narrative that makes up the government's case against him and James Mault of Brockport were releasedThe unsealed documents contain evidence prosecutors say shows Mattice tearing down a barrier and spraying pepper spray into a tunnel where police officers were stationed.

In her ruling Friday, Judge Howell referenced Mattice's alleged attempt to injure officers, text messages showing prior planning with Mault, and that Mattice came to DC to disrupt government business on the day of the riot. She said Mattice has no remorse and is a danger to the community. She claimed Mattice doesn't believe his actions were out of the ordinary, and he should remain in custody.

Additionally, an order to transfer Mattice to DC will also be filed. No word on when that will happen. He is currently being held in the Monroe County Jail.

His next court date is set for Thursday, Oct. 28.


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