In this Wednesday, Jan. 6, 2021, photo, violent rioters try to break through a police line on the West Front of the Capitol, in Washington. The top watchdog for the U.S. Capitol Police will testify to Congress for the first time about the department's broad failures before and during the Jan. 6 insurrection. Among them was missed intelligence and old weapons that officers didn't feel comfortable using.

U.S. District Judge Thomas Hogan on Tuesday denied pretrial release for George Tanios of Morgantown, W.Va., and Julian Khater of State College, charged in the assault of Capitol Police Officer Brian Sicknick, who died after defending the U.S. Capitol on Jan. 6.

The judge said the assault with chemical spray on Sicknick and two other officers contributed to the mob’s ability to breach a police line. “These two gentlemen are law-abiding, respected individuals of their community and it makes it very difficult for the court to make this conclusion,” Hogan said. But the government’s evidence and videos of the attack leaves “little doubt” about what transpired, Hogan said.

The Washington medical examiner’s office last month found that Sicknick suffered a stroke and died from natural causes. The determination is likely to significantly inhibit the ability of federal prosecutors to bring homicide charges.