A federal judge in New York released Sibiak from custody on Friday after a preliminary hearing. The Justice Department has appealed that decision and said in court filings that Sibik should go to jail because he “participated in a violent riot and robbed an officer” and is a danger to the public.
A lawyer for Sibik is not yet listed on his dock. CNN is trying to reach him for comment.
During a dispute outside the Capitol, Sibic allegedly grabbed Fanon’s badge and radio, and later posted a photo of himself holding a police shield on Facebook, court filings say.
In a later interview with FBI agents, Sibić stated that he was in the Capitol, but had tried to drive Fan away from the rioters. Sibić told FBI agents that he had more information about the attack, though he stated that he was not involved in it, according to court documents.
Prosecutors suggested in court filings that Sibik lied to the FBI about the stolen badge.
He first told the agents that the badge and radio had fallen when he tried to help Fanon, and he threw him in the trash after leaving the Capitol grounds. Later, Sibic said he was required to “rescind” those claims and, according to court filings, disposed of the items at a New York dumpster.
FBI agents allegedly convinced Sibik that they were going to investigate security footage near the dumper. Sibik told the agents that he “wanted to do the right thing” and that he had buried the badge in his backyard. Sibik said he bought the metal detector, dug the badge and returned it to the FBI, court filings say.
More than 300 people have been charged so far in connection with the attack on the Capitol.
Marshall Cohen and Ivan Perez of CNN contributed to this report.