ROCHESTER, N.Y. (WROC) — Cody Mattice, a Hilton man facing charges for his alleged role in the deadly January 6th attack on the U.S. Capitol, will remain in custody following a judge’s ruling on an appeal Monday. Mattice will also be transferred to the U.S. District Court in Washington, D.C.

Mattice was taken into custody earlier his month. He currently faces weapon charges, assaulting and resisting officers and disrupting government business on Capitol grounds. 

A judge signed an order of release Friday for Mattice to be freed from custody, under strict conditions laid out below, but that release was subject to a prosecutorial appeal in Washington Monday which ultimately ruled that Mattice will stay in custody.

According to officials, Mattice’s legal team can appeal the ruling which keeps him in custody.

Conditions in the pre-trial release would require Mattice to:

  • Not break any federal, state, or local laws
  • Cooperate in any DNA sample requests
  • Must advise the court of any changes to residence or telephone number
  • Must appear in court as scheduled, and serve any sentence imposed if convicted
  • Submit to supervision
  • Surrender any passport and not obtain a new one
  • Must not possess a firearm or weapon
  • Must not use alcohol
  • Must not use or possess any narcotic drug or controlled substance
  • Submit to drug testing
  • Restricted to residence at all times except for
    • employment, education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities approved in advance by the pretrial services office or supervising officer.
  • Submit to location monitoring
  • Report to pretrial services of any contact with law enforcement, including arrests, questioning, or traffic stops
  • Submit to computer and internet monitoring

Local legal expert Peter Pullano believes it could be awhile before a trial is underway due to the nature of this investigation, it could be awhile before we see a trial.

“I think the strategy right now is to personalize your client as much as possible in front of the magistrate for the detention hearing,” Pullano said. “See if there’s a possibility of getting your client back to life as your client knows it, while this is pending, because its gonna take some time.”