Hilton man charged in Jan. 6th Capitol attack to be released, pending appeal Monday

Crime

ROCHESTER, N.Y. (WROC) — Cody Mattice of Hilton returned to federal court Friday. He’s facing multiple charges in connection with the deadly January 6 attack at the U.S. Capitol.

Mattice currently faces weapon charges, assaulting and resisting officers and disrupting government business on Capitol grounds. Friday’s court appearance was for a bail hearing.

The legal team representing Mattice argues he deserves to be home while he awaits trial for allegedly committing acts of violence during the riot along, with other offenses. According to his attorneys:

Mr. Mattice is not a danger to the community. The allegations in the complaint occurred over 9 months ago. Mr. Mattice’s strong family ties, strong community ties, his lack of criminal history and his lack of any violent history are all factors that demonstrate that conditions of release should be set for Mr. Mattice.

A judge signed an order of release Friday for Mattice to be freed from custody, under strict conditions laid out below, but that release will be subject to a prosecutorial appeal in Washington on Monday and he is to remain in custody through the weekend.

Family members of Mattice expressed optimism following the court appearance.

“We’re just happy that he is, you know, being seen in a better light, and know that he is not a danger or a threat to society”said Rebecca Evert, Mattice’s aunt. “He doesn’t … he’s not a flight risk, he’s a great person, and we’re all hopeful that God is with us.”

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

Despite Friday’s hearing, 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.”

Federal criminal complaint documents allegedly shows pictures and videos of Mattice at the Capitol on the day of the insurrection.

Mattice is one of three local men who were similarly charged for their alleged involvement in the January 6th insurrection. Most recently, James Mault of Brockport was arrested on October 6th at Fort Bragg.

The Brockport man awaits to be given a scheduled court appearance while in custody.

Friday’s hearing is scheduled for 2 p.m. If convicted, Mattice could face up to 20 years in prison.


Check back with News 8 WROC as we will continue to update this developing story.

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