Capitol Hill police salute the passing of the funeral hearse on Sunday for slain Officer Brian Sicknick, who died in the rioting at the U.S. Capitol on Wednesday. Photo by Mike Theiler/UPI
Members of the Delaware National Guard provide security at newly erected barricades on the U.S. Capitol grounds. Photo by Mike Theiler/UPI
National Guard troops stand guard across from the U.S. Capitol. Photo by Ken Cedeno/UPI.
A CBS live footage is seen on a monitor inside a satellite truck as networks are broadcasting on the east end of the U.S Capitol on Friday, two days after Pro-Trump mobs breached the security perimeter and penetrated the U.S. Capitol. Photo by Ken Cedeno/UPI
Patty Raine places roses in the security fence that wraps around the U.S. Capitol. Photo by Ken Cedeno/UPI
Maryland National Guard officers protect the Senate Russell Office Building as security is increased for the upcoming inauguration of President-elect Joe Biden and Vice President-elect Kamala Harris. Photo by Ken Cedeno/UPI.
The Supreme Court is seen through a broken window of the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI
Workers clean the halls near the Senate Chamber. Photo by Ken Cedeno/UPI
A trash bin is filled with items left behind by the mob. Photo by Ken Cedeno/UPI
Powder remnants from tear gas, pepper spray and fire extinguisher is seen on a desk of telephones. Photo by Ken Cedeno/UPI
U.S. Capitol police are seen through a broken door window outside the East entrance. Photo by Ken Cedeno/UPI
A discarded gas mask is seen early Thursday on the Capitol floor. Photo by Kevin Dietsch/UPI
A Capitol Police officer is seen guarding the entrance to the office of Speaker of the House Nancy Pelosi, D-Calif. On Wednesday, protesters were seen sitting at her desk. Photo by Ken Cedeno/UPI
Damage is seen on the door windows for the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI
A U.S. Capitol employee cleans up glass from a broken window. Photo by Ken Cedeno/UPI
A cleaning crew works at vacuuming powder remnants of tear gas, pepper spray and fire extinguishers at one of the entrances. Photo by Ken Cedeno/UPI
Officers walk by as powder remnants of tear gas, pepper spray and fire extinguishers are seen on the floor of the U.S. Capitol. Photo by Ken Cedeno/UPI
A statue of President Zachary Taylor is covered with plastic obscuring a red substance on the face. Photo by Ken Cedeno/UPI
Damage to a door in the U.S. Capitol is seen after an attempt to break in. Photo by Ken Cedeno/UPI
The rioters broke through several levels of security, smashing windows and doors as they stormed the Capitol and occupied both congressional chambers. Photo by Kevin Dietsch/UPI
After the building was cleared, Congress reconvened their joint session to certify Biden's victory. Photo by Kevin Dietsch/UPI
"Traitors" is scrawled on the door of the Old Supreme Court Chamber. Photo by Ken Cedeno/UPI
Damage is seen on the door windows for the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI
A Holy Bible is seen on the floor of the Capitol. Photo by Ken Cedeno/UPI
A 35-year-old female Air Force veteran was shot and killed by police during the siege. Photo by Ken Cedeno/UPI
A "Don't Tread on Me Flag" is seen in a trash can. Photo by Kevin Dietsch/UPI
April 27 (UPI) -- Prosecutors argued in a Tuesday bail hearing that two U.S. Capitol rioters' alleged assault on police officers was "premeditated."
The two defendants, Julian Khater, 32, of State College, Pa., and George Tanios, 39, of Morgantown, W.Va., were charged last month with the attack on Capitol Police officer Brian Sicknick in the riot.
Advertising
The 42-year-old officer of over 12 years, died the day after the riot of natural causes rather than as a direct result of injuries and succumbed to fatal strokes caused by a clot in an artery that supplies blood to the brain, District of Columbia medical examiner Francisco Diaz said last week in his autopsy.
The two suspects were "lying in wait" to help break officers' defensive line in the breach at the Capitol, assistant prosecutors argued at the hearing Tuesday in federal court in Washington, D.C.
Khater and Tanios' actions were "premediated violence at point-blank" range, U.S. Attorney Gilead Light argued. "There was no more severe conduct during this riot," referring to other assaults during the riot.
Joseph Tacopina, an attorney for Khater, argued that rather than being "premeditated" his client acted in self-defense to chemical sprays officers used to disperse rioters, Bloomberg reported.
"He did it instinctively, immediately after he'd been sprayed with some substance himself," Tacopina said.
Tacopina added that Khater used pepper spray, not the more potent bear spray the government alleged he used in its complaint.
Prosecutors have said Tanios purchased highly toxic bear repellant and pepper spray the day before traveling to Washington, D.C., but Light said they only used the bear spray during the riot.
Still, Light questioned why the suspects needed bear spray to go to the capital if they thought it would be a peaceful rally.
"Why are they buying bear spray to go to D.C.?" Light argued. "There are no bears in downtown D.C."
Tacopina proposed a $15 million bond package, secured by five properties Khater's family members own as part of release request.
U.S. District Judge Thomas Hogan has not ruled on requests for pre-trial release, but set another hearing for May 6.
The pro-Trump mob delayed certification of Electoral College votes for President Joe Biden on Jan. 6. Four participants died the siege and Sicknick died a day later. Two other officers involved died of suicide in the days following.
Approximately 140 Capitol and Metropolitan Police officers were injured, the Capitol Police officers union said in a statement to WUSA9 earlier this year.
Several lawmakers also tested positive for COVID-19 following the Capitol siege.