Officer Fired After Found Guilty of Tossing Smoke Bomb During Attack on U.S. Capitol

Former Montgomery County Police Officer Justin Lee was found guilty Friday on charges that during the attack on the U.S. Capitol on Jan. 6, 2021, he threw a smoke bomb at police officers while they guarded a tunnel entrance.

The guilty verdict was delivered by Judge Trevor McFadden during a bench trial, according to Montgomery County Police (MCP).

Lee had been relieved of his police duties pending the outcome of his trial. Because he was found guilty, Lee is being relieved of his duties, according to police. In a news release, MCP wrote, “upon the finding of guilt, Lee will no longer be employed by the Montgomery County Department of Police.”

Lee has been on administrative leave following his involvement in the shooting death of a knife-wielding suspect in Silver Spring on July 22, 2023. The Maryland Attorney General’s office reviewed the fatal shooting and did not pursue charges against Lee.

Lee has not performed the duties of a police officer since the shooting, according to MCP.

Lee was found guilty Friday of two felonies and three misdemeanors and was acquitted on two misdemeanors, according to the AP. He is to be sentenced Nov. 22.

Lee was indicted by a grand jury in September of 2023 on seven counts. The first was a charge that he committed and attempted to commit an act to obstruct, impede and interfere with a law enforcement officer.

The second count said he did forcibly assault, resist, oppose, impede, intimidate and interfere with an officer from the Metropolitan Police Department.

He also had been charged with entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building and engaging in physical violence in a restricted building.

Lee was suspended without pay in October of 2023 as a result of his indictment. Montgomery County Police Department was informed in July of 2023 that Lee was the subject of an FBI investigation.

According to police, Lee’s application for employment with the county police department was submitted in July of 2021, about six months after the Jan. 6 incident. He started as an officer here on Jan. 31, 2022.

“Lee’s involvement in the January 6 insurrection was not discovered during this [hiring] process, as he was not identified by the Justice Department in connection with the event,” according to a news release from police.

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