WASHINGTON, D.C. – A Morgantown restaurant owner who has been jailed since his March arrest, for his alleged role in the January 6 U.S. Capitol insurrection, is set to be released on bond, following the decision of a federal appeals court.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia issued a decision this week that a U.S. District Court judge was wrong in not releasing George Tanios on bond, saying “the district
court clearly erred in its individualized assessment of appellant’s dangerousness. The record reflects that Tanios has no past felony convictions, no ties to any extremist organizations, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community within the meaning of the Bail Reform Act.”

George Tanios

Prior to the detention order from the U.S. District Court in Washington, D.C., Tanios was also ordered to remain in jail by a federal magistrate judge in West Virginia.

Tanios’ case is now being sent back to the district court for the judge to determine the “appropriate conditions” for Tanios’ release, which could include home detention and electronic monitoring, the order from the appeals court said.

Tanios is charged with three counts of Assault on a Federal Officer with a Dangerous Weapon; Conspiracy to Injure an Officer; Civil Disorder; Obstructing or Impeding Any Official Proceeding; Physical violence on restricted grounds, while carrying dangerous weapon and resulting in significant bodily injury; Violent entry and disorderly conduct, act of physical violence on Capitol Grounds; and Aiding and Abetting.

Tanios faces more than 60 years in federal prison and more than $1.25 million in fines, combined on all the above charges.

However, a different three-judge panel at the same court denied the appeal of Tanios’ co-defendant Julian Khater. Khater, who is accused of spraying police officers in the face with pepper spray, will remain is jail, pending his prosecution.

A status conference in Tanios’ case is set for September 8 in Washington, D.C.