Attorneys for Jan. 6 defendant George Tanios are asking for more home confinement flexibility so he can take a new job, clean out and sell his Morgantown sandwich shop and improve his health.
Lawyers for Tanios filed a motion Monday to modify his restrictions to a curfew, rather than home detention, while he awaits trial on multiple charges from the Jan. 6 siege on the U.S. Capitol.
“This modification would allow for Mr. Tanios to come and go from his home during hours approved by this court while still keeping Mr. Tanios in the home at other specific times deemed appropriate,” wrote Elizabeth Gross, the public defender for Tanios.
“We submit this modification due to many issues arising out of Mr. Tanios’s home detention, which have prohibited him from getting to multiple doctors’ appointments, attending meetings at undersigned counsel’s office, getting exercise, searching for employment, as well as wrapping up loose business issues at his former sandwich shop.”
U.S. District Judge Thomas Hogan set a hearing on the request for 11:30 a.m. Wednesday, Nov. 3.
Tanios, who has owned a Sandwich University restaurant, is accused of collaborating with longtime friend Julian Khater in assaulting U.S. Capitol police officers with pepperspray.
Tanios is accused of obtaining and carrying the pepperspray, and Khater is accused of spraying it at officers, causing them to be injured and resulting in a distraction that enabled others to breach a bike rack barrier outside the Capitol. One of the officers, Brian Sicknick, later died but a medical examiner ruled the chemical spray was not the direct cause.
Tanios and Khater are charged with nine counts including assaulting three officers with a deadly weapon. The charges are punishable by up to 20 years in prison.
Tanios has pleaded not guilty.
He was initially jailed but was granted release on home confinement after a ruling by the U.S. Court of Appeals for the D.C. Circuit. The initial conditions included electronic monitoring, prohibition from using any illegal drugs or possessing weapons plus surrender of his passport to the U.S. Probation Office.
The terms allowed for Tanios to request a modification after 30 days to seek employment. That is the request he is now making.
“Mr. Tanios has a multitude of business and financial troubles since incarceration. Mr. Tanios has three small children and a wife to support at home. Mr. Tanios wants to financially support himself and his family,” his lawyer wrote.
“Mr. Tanios is financially not able to continue his sandwich shop at this time. He is in the process of selling the business to another local business person.”
But to go through with the sale and get out of his lease, Tanios needs to clean out the property and transfer it to the buyer. “Mr. Tanios would like to do that so he can avoid further financial despair,” his lawyer wrote.
Tanios recently got a job at a local pizza shop but needs the court’s approval to take it.
He is also trying to gain flexibility to go to medical appointments and to pursue other health needs.
His lawyer wrote that, “after speaking with Mr. Tanios often, it is apparent that Mr. Tanios is facing some serious mental health and physical health problems after his incarceration.”
Hundreds of people now face charges from the breach of the U.S. Capitol on Jan. 6. They are being processed in a court system still operating under coronavirus protocols.
A mob storming the U.S. Capitol that day disrupted the constitutional duty of counting Electoral College votes and prompted the evacuations of representatives, senators and Vice President Mike Pence. One woman was fatally shot while trying to climb into the chambers, three others died from “medical emergencies” and more than 100 police officers were injured.
In earlier court filings, lawyers for Tanios described his regret over even going to the U.S. Capitol on Jan. 6.
“Mr. Tanios is a family-oriented business owner who traveled to Washington, D.C., to attend what he believed would be an extremely important political rally,” his lawyers wrote. “It seemed exciting, different, interesting, and an opportunity to express his support for his political party in a meaningful way.
“Mr. Tanios listened closely to all the speakers. After attending the rally, Mr. Tanios walked to the United States Capitol with the large crowd of people going there. Upon arrival, Mr. Tanios had no idea that such an incredibly wild riot would develop and, despite being there he never condoned the violent and chaotic behavior he witnessed.
“Naturally, as one may imagine, he regrets going down to the U.S. Capitol in the first place.”