Michael Foy’s attorney filed new paperwork with the court. The attorney said that Foy is not a threat and not a flight risk. Foy’s family members and friends are also coming to his defense.
Foy has been in custody in Washington D.C. since he was arrested at his Wixom condo in late January. Court documents said that Foy traveled to D.C. to attend former President Donald Trump’s rally and then moved to the Capitol.
Federal authorities said during the insurrection he was the most violent of all the participants. Officials said he used a hockey stick to beat officers, the assault was recorded on a body camera.
Foy’s attorney argues that Foy was trying to protect others. The attorney said the body-camera footage where people were screaming, police were inadvertently trampling and killing a woman.
While arguing for Foy to be allowed on bond his attorney wrote, “On January 6, when people were being crushed at his feet, he acted in defense of those others. He saw individuals in imminent danger of bodily harm and used a reasonable amount of force to protect and defend those people who were being trampled.”
The filing also said that Foy had a recent diagnosis of PTSD from his time in the Marines. There are also dozens of letters supporting Foy.
His father wrote, “I know for a fact my son did not go there with any ill intent to do anyone harm. I truly believe emotions and bad decisions were the recipe for the day. So, please don’t let one day define my son. I love him dearly and need him.”
His grandmother wrote, “I really do not know how to address the charges he is accused of because it is just so totally and completely in direct conflict from what I know of him.”
Federal prosecutors said they do not see it that way. In court documents they said, “when things started to get out of hand he took a leading role in the violence. He repeatedly used the hockey stick to beat police officers in the face, head, neck and body area. And then he rallied others into entering the Capitol through broken windows.”
A court hearing is set for Monday.
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