Ex-NYC cop is standing trial on charges he assaulted police on January 6

In the immediate aftermath of the Capitol attack, an image of a rioter appeared to hurt a police officer.

With lots of pictures but no identity, the voices of social media decided on a nickname for the man: #EyeGouger. The FBI identified the alleged attacker as a retired New York City police officer.

The fourth accused in the Capitol attack is set to be tried by a jury on charges related to January 6.

The second trial involving a former police officer is scheduled to begin on Monday. It will feature a defense that was not seen in the January 6 jury trial: that he was acting in self-defense when he attacked the Metro police officer.

The charges include disorderly conduct, assault on a police officer, and being on restricted Capitol grounds. He could face a years-long sentence if convicted.

He told an FBI agent that he was hit by a freight train while standing behind a metal barrier outside the Capitol.

He said that he felt like he was being attacked and went towards the officer.

Federal prosecutors have painted a different picture of what happened on January 6.

A police officer was confronted by a man with a metal flag pole and a flag of the US Marine Corps. He yelled "You fuck piece of shit" as he gestured his finger at the officer. You fuck Commie motherfuckers, man. Take your shit off. Take your shit off.

Prosecutors said that after berating the officer, he pushed the metal gate into the police officer's body and swung the flag pole against the barrier. The officer was struck with the pole multiple times and tackled to the ground by the man, who tried to remove his face shield and gas mask.

In an interview with the FBI, the Metro police officer said that he was unable to breathe during the assault because he was being held with his helmet strap. In his own interview with the FBI, he described his grabbing of the officer's mask as a hockey type of move that he didn't want to fight.

According to an interview transcript, Webster told the FBI that he didn't want to hurt him.

The officer is expected to be the Justice Department's star witness in the upcoming trial.

He is likely to testify about his encounter with the police officer on January 6. The federal judge presiding over the prosecution told the jury that they would need to assess the perception of the events and the reasonableness of that perception.

The judge who is presiding over the prosecution of several Oath Keepers charged in connection with January 6 said he expects jury selection to take up much of Monday. He said that opening arguments would follow on Tuesday.

James Monroe, the defense lawyer, told the court that he would call three witnesses to testify about the "outstanding character" ofWebster.

Nearly 800 alleged participants in the Capitol attack have faced charges. A member of the far-right Three Percenters group, a former police officer in Virginia, and an Ohio man who blamed former President Donald Trump for his role in the January 6 attack were all found guilty by a jury.

In two bench trials, in which a judge rendered a verdict instead of a jury, the Justice Department was dealt setbacks. A New Mexico county commissioner was found guilty of being on restricted Capitol grounds but not guilty of a more serious charge. A January 6 trial ended with a New Mexico engineer not guilty on four charges.

Nearly 800 alleged participants in the Capitol attack have faced charges. The Justice Department secured guilty verdicts in each of the three previous jury trials, winning convictions against a member of the far-right Three Percenters group and a former police officer in Ohio.

In two bench trials, in which a judge rendered a verdict instead of a jury, the Justice Department was dealt setbacks. A New Mexico county commissioner was found guilty of being on restricted Capitol grounds but was acquitted of a more serious charge. A January 6 trial ended with a New Mexico engineer not guilty on four charges.

In the second trial, prosecutors said that Thomas Robertson, a former police officer in Virginia, used a wooden stick to block officers responding to the Capitol breach. The jury rejected the argument that Robertson used the stick as a walking stick.

Several former police officers were charged in connection with January 6. In interviews, Capitol police officers have described their surprise at that subset of rioters, and recalled how off-duty police officers said they were doing this for you.

One of them showed me his badge and said they were doing this for him. Capitol Police Officer Harry Dunn said in an interview last year that they were doing this for him.