MOCO Cop Convicted Of Tossing Smoke Bomb At Police During Capitol Riot

WASHINGTON, DC — A Montgomery County cop was found guilty of multiple charges after authorities said he threw a smoke bomb and other items at police officers guarding an entrance during the Jan. 6, 2021, riot at the U.S. Capitol.

U.S. District Judge Trevor McFadden heard two days of trial testimony without a jury this week before he found Montgomery County Police Officer Justin Lee guilty of two felonies and three misdemeanors, The Associated Press reported.

The judge, who also acquitted Lee of two other misdemeanors, is scheduled to sentence him on Nov. 22.

Lee, 26, of Rockville, was arrested in October and indicted on seven counts, including felony counts of civil disorder and assaulting, resisting or impeding a police officer.

Before his indictment, Lee was already on administrative leave from the Montgomery County Police Department for his involvement in the shooting death of a man. On July 22, 2023, Lee shot and killed a man accused of stabbing multiple people in Montgomery County after he charged at Lee.

According to prosecutors, Lee ignited and threw a smoke bomb into the tunnel entrance on the Capitol's Lower West Terrace, where a mob of rioters attacked a group of outnumbered police officers. The device struck a police officer's riot shield and filled the mouth of the tunnel with a large plume of smoke, prosecutors said.

Videos show Lee wearing a Maryland flag-patterned gaiter over his face outside the Capitol. He also wore a military-style medical bag attached to his clothes.

Lee waved at other rioters to overtake police as the mob attacked a line of officers on the West Plaza, according to prosecutors. Moving to the Lower West Terrace, Lee tossed the smoke bomb and three other “rock-like objects" at officers guarding the tunnel, the judge found. Prosecutors said Lee later joined other rioters in “spotlighting” officers inside the tunnel with a flashlight.

The judge rejected Lee's claim that he was “just trying to make a statement” about police brutality after seeing officers use force against other rioters that day.

According to the Montgomery County Police Department, Lee participated in the Jan. 6 riots before the agency hired him. His application for employment with the department was submitted in July 2021. His date of hire with the MCPD was Jan. 31, 2022.

“The Montgomery County Police Department conducts a thorough background investigation as part of its standard hiring process to ensure the suitability of candidates for employment,” the police department said following his arrest. “Lee's involvement in the January 6 insurrection was not discovered during this process, as he was not identified by the Justice Department in connection with the event.”

In a statement released Friday, Montgomery County police said that following the conviction, Lee would not longer be employed by the agency.

The Associated Press contributed to this report.