Hilton man charged in Capitol riot will not be released from jail

HILTON, N.Y. (WHEC) — The Hilton man facing federal charges in connection with the January riots at the U.S. Capitol will remain in jail.

On Friday, a judge set conditions for Cody Mattice’s release pending any further motions to keep him behind bars. The feds appealed, so for now, the 28-year-old will remain in custody until his trial.

Motion for emergency stay and for review of a release order by News10NBC on Scribd

The motion revealed new details about Mattice’s arrest at his Hilton home on Oct. 7. The Federal Bureau of Investigation (FBI) allegedly found a marijuana plant, three long guns and clothes he is believed to have worn on Jan. 6 during a search of the home.

The FBI also seized his cell phone which they say proves he and co-defendant James Mault of Brockport, planned for their actions at the U.S. Capitol.

Federal prosecutors also say Mattice bragged about his conduct through text messages to friends and family, during and after the riot.

One of the messages allegedly states, "It was dope me and James had everyone hyped bro even the Proud Boys were thanking us."

Last week in Rochester Federal Court, Mattice’s attorney argued her client is a victim of former president Donald Trump. She argued her client is not a danger to the community or a flight risk, saying if he was going to flee town or do something dangerous he would have done so by now.

News10NBC spoke to Mattice’s aunt, Rebecca Evert, on Friday after the judge in Rochester said he could be released under strict guidelines.

"Knowing that he is not a danger or a threat to society," Evert said. "He’s not a flight risk, he’s a great person and we’re all hopeful. God is with us."

Mattice has been kept behind bars because federal prosecutors deemed him to be both a flight risk and a danger to the community.

Mattice is accused of tearing down a barrier and using pepper spray in a tunnel where police officers were stationed.

This case will now be moved to federal court in Washington D.C.

Mault is still being held in a federal facility in Raleigh, North Carolina.

According to court paperwork, Mault’s mother told the FBI that her husband drove down to the capitol in a bus with about five other people on board.

Mault told investigators he was pushed toward the Capitol Building by the crowd.

He was in Rochester last week for a detention hearing.

We’re still working to learn more about when he’ll be back in court.