Nicholas Waldon Smotherman, Assaulting Law Enforcement, Tennessee 2021

Washinton, D.C. – In a shocking turn of events, 41-year-old Nicholas Waldon Smotherman of Mt. Juliet, Tennessee, has been arrested and charged with assaulting law enforcement and other charges related to his conduct during the Jan. 6, 2021, breach of the U.S. Capitol. The incident, which took place over three years ago, has left many wondering how such a brazen act of violence could have gone unpunished for so long.

According to court documents, Smotherman was identified among a crowd of rioters on Jan. 6, 2021, amassed on the Upper West Plaza of the U.S. Capitol grounds. At approximately 2:28 p.m., a Metropolitan Police Department (MPD) officer’s body-worn camera captured Smotherman standing in front of the bike racks and a police line on the southwest side of the Upper West Plaza. A group of rioters had begun pulling on the bike racks, and Smotherman was seen on body-worn camera next to the group, appearing to advance toward an MPD officer.

Police then commanded the rioters to move back, but instead, the rioters pulled the bike rack barricades to the ground, and Smotherman moved forward toward the police line. It is alleged that Smotherman then approached an MPD officer and pushed the officer with both hands. The officer then attempted to push Smotherman back using a baton, but Smotherman stood upright and yelled, ‘Hit me with it again.’

When the officer again attempted to push Smotherman back, Smotherman allegedly grabbed the officer’s baton and attempted to pull it away. As Smotherman acted, he yelled, ‘I’ll f— take this’ and ‘Come out here b—.’ The officer managed to prevent Smotherman from taking the baton while another officer deployed pepper spray, and Smotherman retreated.

Smotherman was later identified in and around the Tunnel, a site of some of the most violent attacks against law enforcement on January 6th. This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Tennessee.

The case is being investigated by the FBI’s Memphis and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department. Smotherman was identified as Assault on Federal Officer (AFO) #364. In the 42 months since Jan. 6, 2021, more than 1,470 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 530 individuals charged with assaulting or impeding law enforcement, a felony.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov. A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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