SACRAMENTO, Calif. — A week after rejecting a plea agreement from federal prosecutors, accused Jan. 6 rioter Sean Michael McHugh is asking a judge to release him from custody pending trial because his mental health is deteriorating and he is facing abuse inside a Washington, D.C., jail.
McHugh’s lawyer also is seeking dismissal of the charges the Northern California man faces, arguing that the bear spray and metal sign he is accused of using against police officers trying to defend the U.S. Capitol during the insurrection are not dangerous weapons.
McHugh, who allegedly texted someone that he “unloaded a whole can of bear spray on a line of cops,” also has filed a grievance against his jailers, claiming he was hit by pepper spray “for absolutely no reason” and had to wait two hours for medical treatment, court documents say.