New York Man Pleads Guilty to Felony Assault Charge for Assaulting Officers During Jan. 6 Capitol Breach

Press Release

Defendant Pled Guilty to Assaulting Officers with Insecticide and Members of the News Media

WASHINGTON - A New York man pleaded guilty today to two assault charges - one felony and one misdemeanor - related to his conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Peter G. Moloney, 60, of Bayport, New York, pleaded guilty to a felony charge of assaulting, resisting, and impeding certain officers and a misdemeanor charge of assault by striking before U.S. District Judge Carl J. Nichols. Judge Nichols will sentence Moloney on Feb. 11, 2025.

According to court documents, Moloney attended the "Stop the Steal" rally on Jan. 6, 2021, in Washington, D.C., on the Ellipse. Moloney traveled from his home in Bayport, New York, and brought with him certain items, including a bicycle helmet, protective eyewear, hard-knuckled gloves, a face mask, and a can of "Black Flag Wasp, Hornet, & Yellow Jacket Killer" aerosol spray.

After the rally, Moloney walked toward the U.S. Capitol building via the Maryland Walkway, put on his gear, and was part of the first group to enter the restricted permitter. Moloney was one of the first to line up against a line of U.S. Capitol Police (USCP) Officers on the West Plaza. Court documents say that as tensions rose, Moloney pulled the can of wasp spray from his backpack and kept it in close proximity.

According to the court records, on multiple occasions, Moloney held the can of wasp spray in his hands, aimed it at police, and sprayed the officers-causing the spray to make contact with the officer's hands, arms, bodies, and heads.

In addition to the assault on police officers, on two separate occasions, Moloney admitted to assaulting two individuals that he believed were members of the news media. On one occasion, Moloney walked up behind the victim while the victim's back was turned and holding a camera. Moloney then swung his arm down onto the victim's hand, grabbed the camera, and yanked it back in an attempt to pull the camera out of the victim's hands. This act caused the victim to stumble on a flight of stairs.

The FBI arrested Moloney on June 7, 2023, in New York.

As a result of the plea, Moloney has agreed to pay restitution both to the victim for the repairs to his camera and to the Architect of the Capitol for the damage to the U.S. Capitol that day.

This case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney's Office for the Eastern District of New York.

The case is being investigated by the FBI's New York Field Office (Long Island Resident Agency) and the FBI's Washington Field Office, which identified Moloney as #199 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police, the Metropolitan Police Department, and the U.S. Environmental Protection Agency's Criminal Investigation Division.

In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Updated October 17, 2024