BOTETOURT COUNTY, Va. (WFXR) — On Wednesday, a Botetourt County man was arrested after being accused of assaulting law enforcement during the breach of the U.S. Capitol on Jan. 6, 2021.

According to the U.S. Attorney’s Office, 47-year-old Markus Maly of Fincastle, is charged in a criminal complaint with assaulting, resisting, or impeding officers using a dangerous weapon or inflicting bodily injury; civil disorder; engaging in physical violence in a restricted building or grounds; and related offenses.

Officials announced on Wednesday, Jan. 26 that Maly was arrested in Fincastle and was set to make his initial appearance the same day in the Western District of Virginia.

According to court documents, on Jan. 6, 2021, Maly pointed and sprayed a chemical irritant at a line of police officers attempting to secure the area of the Lower West Terrace of the Capitol Building. In addition, he reportedly helped another person — identified as 55-year-old Jeffrey Scott Brown of California, who has been charged with spraying law enforcement — by handing him a can of spray.

Later that afternoon, officials say Maly exited the tunnel area with what appears to be a riot shield.

On Jan. 6, 2021, according to the documents, Maly messaged his girlfriend in response to her concern about violence at the Capitol, writing, “I know …I’ve got stories though,” and “I was so fun …,” “It..”

Then, on Jan. 7, 2021, he stated in a social media conversation on social media that “I stood my ground and went back for seconds and thirds even,” according to Wednesday’s statement.

The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are reportedly prosecuting the case, but they received assistance from the U.S. Attorney’s Office for the Western District of Virginia.

According to the U.S. Attorney’s Office, the case is being investigated by the Roanoke resident agency of the FBI’s Richmond field office, as well as the FBI’s Washington field office, “which identified Maly as #324 in its seeking information photos.”

In the past year, officials say more than 725 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 225 individuals charged with assaulting or impeding law enforcement.

If you have any information about this ongoing investigation, you are asked to call 1-800-CALL-FBI (800-225-5324) or visit

Editor’s Note: WFXR News originally reported that Markus Maly was 27 years old instead of 47. This has since been corrected.