A federal appeals court has ordered the release of a West Virginia man accused of attacking a police officer during the Capitol riot.

The Hill reports:

The three-judge panel determined that the district court had “clearly erred” when it determined that George Pierre Tanios could not be released into the community without risk to safety.

According to an FBI affidavit, Tanios was seen in video with Julian Elie Khater “working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes.”

In March, a West Virginia judge ordered Tanios to be detained until his trial.

At the time of his indictment, U.S. Magistrate Judge Michael John Aloi said of Tanios, “My obligation is to the safety of our community. And I don’t think I’ve ever seen anything play out that was more dangerous to our community. … And Mr. Tanios, you chose to be part of that.”

“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,” the appeals court wrote in its decision on Monday.