MAGA rioter's lawyer says he didn't plan to take part in violence despite wearing tactical gear to Capitol
Jeff McKellop. (FBI photo)

An attorney representing alleged MAGA rioter Jeff McKellop is arguing that their client did not plan to take part in violence at the United States Capitol building even though he wore tactical gear to the riot that included a gas mask.

As reported by NBC 4 Washington's Scott MacFarlane, McKellop's lawyer is claiming that "there is no evidence of prior planning, and although Mr. McKellop wore tactical gear, which he otherwise used in the performance of his job as a security contractor, he did not bring a firearm, bladed weapons."

McKellop, a former member of the United States Special Forces, was captured on camera assaulting police, first by trying to disarm them of their riot control spray, then by throwing a flag pole at an officer who suffered a facial laceration as a result.

MacFarlane also reports that McKellop's lawyer, in addition to arguing that their client did not come to the riot to commit acts of violence, also detailed how emotionally distressed he has been after being arrested and held in detention for several months.

"This is a person who's never been incarcerated in his life," said the lawyer, who added that McKellop has regularly been "crying" and emphasized that "it's had a significant impact on him."