Texas Man Arrested for Assaulting Law Enforcement and Other Charges During Jan. 6 Capitol Breach

Indira Patel

            WASHINGTON – A Texas man has been arrested on felony and misdemeanor charges, including for assaulting law enforcement during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Kyle Douglas McMahan, 41, of Watauga, Texas, is charged in a criminal complaint filed in the District of Columbia with felony offenses of assaulting, resisting, or impeding certain officers and obstruction of law enforcement. In addition to the felonies, McMahan is charged with multiple misdemeanor offenses, including knowingly entering or remaining in any restricted building or grounds without lawful authority; knowingly, and with intent to impede or disrupt the orderly conduct of government business; disorderly conduct in a Capitol building; and parading, demonstrating, or picketing in a Capitol building.

            McMahan was arrested today in Dallas and will make his initial appearance in the Northern District of Texas. McMahan is a current Staff Sergeant in the United States Air Force Reserve. 


            According to court documents, McMahan was identified through open-source video as among the crowd of rioters illegally present on the Capitol grounds and in the building on Jan. 6, 2021. McMahan wore a red “MAKE AMERICA GREAT AGAIN” baseball cap with the word “GOD” written at the top in marker along with a blue neck gaiter, a tan jacket, at times an army green ballistic helmet, a backpack, and an unknown rectangular object placed under his shirt.

            Court documents say that on January 6th, McMahan can be seen at the front of a group of rioters confronting law enforcement officers and appearing to initiate four separate physical encounters with four different officers. In one video outside the U.S. Capitol building, McMahan can be seen pushing back and forth against an officer moments after a crowd fails to enter the east doors.

            McMahan allegedly entered the building through the east doors at approximately 2:40 p.m. and momentarily stopped in the Rotunda lobby near the east stairs to speak to a group of individuals. He then entered the Rotunda at approximately 2:41 p.m. and made a phone call while in the Rotunda. He then exited and returned to the Rotunda starting at 2:53 p.m. and spoke with a group of individuals wearing ballistic helmets and ballistics vests.

            At approximately 3:02 p.m., McMahan signaled other rioters to gather at the Rotunda door, where law enforcement officers were stationed. He then arrived in front of the officers and resisted an officer’s attempt to make contact with his arm to distance him from another officer. McMahan retreated and then drew back his arm to prevent the officer from making contact. 

            McMahan then advanced toward the line of officers with his arms extended. An officer made contact with McMahan’s arm to prevent him from advancing on another officer. While being pushed back by one officer, McMahan attempted to swat at another officer. Eventually, he grabbed the fingers of one of the officers, appearing to crush them in his hand, as captured by a photographer and body camera footage. Moments later, McMahan grabbed and pushed an officer’s arm in the Rotunda in an attempt to push past them. 

            At approximately 3:20 p.m., McMahan exited the Rotunda and reentered the Rotunda lobby near the east staircase. While in the Rotunda, he exchanged words with an officer and then swatted the arm of the officer as the officer was attempting to create distance from him. In a publicly available video, McMahan tells one officer, “You’re a traitor,” shortly before exiting the Capitol.

            In the days following his participation in the events of January 6th, McMahan wrote of his exploits on social media, stating, “I was there along with thousands of Patriots young, old, mean [sic] and women of all races wanting to take back our House from the corrupt government. For those that think we went in because of Trump is [sic] uninformed. We the people are the ones that need to rid our government of corruption, abuse and tyranny!”

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Texas.

            This case is being investigated by the FBI’s Dallas, Fort Worth Resident Agency, and the FBI’s Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

         In the 35 months since Jan. 6, 2021, more than 1,230 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

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