A federal appeals court ruled a district court’s order to hold a Morgantown sandwich shop owner charged in connection with the Jan. 6 riots at the Capitol without bond was an error.
The judgment, filed Monday, states the United States District Court for the District of Columbia, where George Tanios is being prosecuted, “clearly erred in its individualized assessment of (Tanios’) dangerousness,” and “clearly erred in determining that no condition or combination of conditions of release would reasonably assure the safety of the community.”
Tanios appealed the decision to hold him without bond before the United States Court of Appeals for the District of Columbia and the case was heard by a panel of three circuit court judges.
The judgment notes Tanios has no prior felony convictions, no ties to any extremist organizations and no post-Jan. 6 criminal behavior that would show him to be a danger to the community.
No order has been filed ordering Tanios be released from jail. He has been held in jail since his arrest March 15.
The judgment by the appeals court orders the case back to district court to order Tanios’ release subject to appropriate conditions, including electronic monitoring and home detention.
The Dominion Post contacted Tanios’ attorneys — federal public defenders — but they were unable to comment on the case.
Tanios and his co-defendant, Julian Khater, are each charged with 10 counts, including assaulting federal officers, stemming from their alleged actions on Jan. 6.
According to the government, Tanios purchased pepper spray in Morgantown and carried it in D.C. Jan. 6. Khater then used that pepper spray to assault three officers from the Capitol Police, including Officer Brian Sicknick, who died Jan. 7. An autopsy determined Sicknick died of natural causes and neither man is charged in connection with his death.
Senior Judge Thomas Hogan, who denied bond for Tanios, also denied Khater bond. Khater offered to pay a $15 million bond secured by five properties, with 16 people helping post it.
The D.C. appeals court affirmed Hogan’s decision to deny Khater bond. That judgment was filed July 26.
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