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Ex-Montgomery County Officer Convicted Of Throwing Smoke Bomb At Police During Capitol Riot

A former member of the Montgomery County Department of Police who was active during the Jan. 6, 2021 breach at the US Capitol has been convicted, federal authorities announced.

Montgomery County Police

Montgomery County Police

Photo Credit: Montgomery County Police Department

Justin Lee, 25, was convicted of two felony charges in DC for his role in the January 2021 insurrection insurrection following a bench trial. 

Lee was indicted in October 2023, and on Friday, Aug. 23, federal authorities announced that he was found guilty of assaulting, resisting, or impeding certain officers and civil disorder.

According to court documents, Lee was identified through video among the crowd who overran law enforcement at the Lower West Terrace Exterior Door of the Capitol, which was the site of some of the most violent attacks on Jan. 6. 

In the video, prosecutors say that they saw Lee, standing on the steps leading to the Tunnel, committed multiple acts directed at the line of officers.

Lee was accused of throwing a smoking and sparking object in the direction of the police line, throwing an unlit (not smoking or sparking) object at police, and holding and pointing a flashlight that appears to be turned on in the direction of the building.

"Evidence showed that the device thrown by Lee produced a billowing smoke cloud as other rioters attempted to physically push against the officers, preventing entry into the Capitol building." 

According to the DOJ, "Lee was identified due, in part, to the distinctive Maryland flag gaiter-styled face covering that he wore." 

Lee participated in the Jan. 6 insurrection prior to being hired by the Montgomery County Department of Police, officials said. He has since been relieved of his powers and is no longer employed after the guilty verdict.

Prior to his suspension, Lee had been placed on administrative leave. He was arrested in October 2023 in Maryland.

"The Montgomery County Department of Police is fully committed to maintaining its core principles of professionalism, accountability, and integrity," officials said.

"We are dedicated to ensuring that all our officers continue to uphold the standards that serve the best interests of the Montgomery County community." 

In addition to the felonies, Lee was also found guilty by a District Court judge of misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building.

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