Michigan Man Sentenced to Prison for Assault of a Law Enforcement Officer and Obstruction During Jan. 6 Capitol Breach

            WASHINGTON – A Michigan man was sentenced to prison today on two felony charges related to his conduct 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.

            Michael Joseph Foy, 32, of Wixom, Michigan, was sentenced to 40 months in prison and 24 months of supervised release by U.S. District Judge Tanya S. Chutkan. Foy was convicted of obstruction of an official proceeding and assaulting, resisting, or impeding certain officers, both felonies, on June 22, 2023, following a stipulated bench trial.

            According to court documents and the stipulated facts, Foy traveled from his home of Wixom, Michigan, to Washington, D.C., with plans to attend the “Stop the Steal” rally. Foy planned to protest the results of the 2020 presidential election and to urge members of Congress to raise objections to or delay the official certification of electoral votes. He was dressed in a camouflage jacket and hat, wore a large American flag around his shoulders, and carried a TRUMP 2020 flag. The flag was attached to a hockey stick.

            Foy made his way toward the U.S. Capitol building at approximately 2:00 p.m. as part of a large crowd. The group, including Foy, moved the “AREA CLOSED” signs and overturned metal bike rack barricades that police had erected to delineate a restricted area of the Capitol grounds. Foy then traveled to the Inaugural stage’s scaffolding with other rioters and, by 4:00 p.m., had climbed to the Lower West Terrace.

            At approximately 4:25 p.m., Foy approached the archway at the mouth of the Lower West Terrace Tunnel. The Tunnel was created by the construction of the Inauguration stage and the site of some of the most violent attacks against law enforcement on January 6th. Rioters at the Tunnel battled police officers for hours as they attempted to storm the Capitol building.

            As Foy made his way through the mob of rioters in front of the Tunnel, he picked up a sharp metal pole and threw it over the head of rioters into the body of a police officer. The force of the pole knocked the officer into the Tunnel archway. Foy then used the hockey stick that he was carrying to attack police.

            Body-worn camera footage and open-source video show Foy swinging his hockey stick and striking at officers at least 11 times with violent force over the course of 16 seconds. Foy’s victims included an injured officer who had already fallen to the ground and an officer whom Foy struck and knocked backward. Court documents say that Foy swung his hockey stick over his head and downward at police officers as if he were chopping wood with an ax. Body-worn camera, taken from a police officer prone on the ground, shows Foy swinging down onto the officer’s exposed body. Court documents say that Foy attacked an officer in the face, head, neck, and body area, and not in self-defense.

            Moments after assaulting multiple police officers with his hockey stick, Foy shouted at other rioters, “LET’S GO!” while pointing at the Capitol building. At approximately 4:29 p.m., Foy entered the U.S. Capitol building through a shattered window. Foy climbed inside the Capitol, bringing the hockey stick that he used to assault police. Once inside, he called out from the window to encourage other rioters to follow him before moving through the building.

            The FBI arrested Foy on Jan. 21, 2021, in Michigan.

            The U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section prosecuted this case. Valuable assistance was provided by the U.S. Attorney's Office for the Eastern District of Michigan.

            The FBI's Detroit and Washington Field Offices investigated this case. The U.S. Capitol Police and the Metropolitan Police Department provided valuable assistance.

            In the 37 months since Jan. 6, 2021, more than 1,313 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 469 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.

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