His attorney this week asked a federal judge in Washington, D.C., to loosen more of the home-confinement restrictions put in place when Sibick was released from a Washington, D.C., jail last October.

Sibick can now go straight to work and back only. 

"He cannot even stop to get a coffee or snack at a convenience store," said Stephen F. Brennwald, his defense lawyer, in a court motion seeking an 8 a.m. to 8 p.m. curfew, seven days a week, for Sibick.

"Now that spring is here, and everyone is outside exercising – and Mr. Sibick is no longer getting exercise by shoveling snow – he is not allowed to go for a jog, or for a walk in the neighborhood with his parents," Brennwald said in the court document.

Sibick, 36, one of seven Western New Yorkers who have been prosecuted for their actions at the U.S. Capitol riot on Jan. 6, 2021, is charged with intentionally assaulting and robbing then-D.C. Police Officer Michael Fanone. Rioters dragged Fanone down Capitol steps into a mob, shocked him with a stun gun, beat him with flagpoles and stripped his gear, according to prosecutors.

Sibick has admitted to taking Fanone's badge and radio, burying the badge in his backyard and then lying about it, according to earlier court filings. Brennwald has contended that the contact between Sibick and the officer was brief, and that because of the press of bodies and the movement of the officer’s body, Sibick could not have grabbed the badge and radio intentionally, but did so accidentally as he was reaching toward the officer to pull him to safety. Prosecutors have scoffed at that assertion.

At a court proceeding Tuesday, U.S. District Judge Amy Berman Jackson did not rule on the request to loosen his home-confinement rules. Jackson asked the federal Pretrial Services Agency to confer with the U.S. Probation Office for the Western District of New York and file its position on the motion by May 27. The judge said she would schedule a hearing next month if she finds one to be necessary. 

Last month, the judge loosened his restrictions, allowing him to leave his parents' residence between 9 a.m. and 5 p.m. on weekdays for job interviews or to go to a job at times and locations approved by the Probation Office in advance. She also authorized the Probation Office to approve any employment for him without seeking the court's permission each time. The other conditions remained unchanged.

Since that ruling, Sibick found a job with work hours from 10 a.m. to 6 p.m. He has been allowed to leave his parents' Williamsville home at 9 a.m. and return home by 6:30 p.m. Court documents did not reveal where he's working or what kind of job he found.

"He is not allowed to deviate from the route from his parents’ home to his place of employment, even to stop and get a coffee or to buy a banana or sandwich in a store on the way to or from work," Brennwald said in court papers.

The restrictions have caused Sibick some frustration.

Before starting his new job, Sibick asked his supervising officer if he could go to a store to buy work clothes.

"This rational request was denied," Brennwald said. "The officer told Mr. Sibick that his father should go clothes shopping for him, and bring the clothes back home for Mr. Sibick to try on. If the clothes didn’t fit, the officer stated, the father could simply return them and repeat the process over and over until properly-fitting clothing was located."

On weekends, under the current restrictions, Sibick cannot help an elderly person who has asked him for help renovating several properties. 

In his motion, Brennwald said the court must impose the least restrictive conditions of release that are necessary to reasonably assure Sibick makes his court appearances and also protect the safety of the community.

"The question is whether allowing Mr. Sibick to be out of his parents’ home for an extra hour in the morning, and an extra hour and a half after work to allow him to accomplish various lawful tasks – such as grocery shopping, clothes shopping, buying coffee at a coffee shop, having dinner with his parents and friends, or going for a walk or a jog in his neighborhood – would create an unreasonable risk of danger to the community," Brennwald said. "The answer is obviously no."

Since his release from a Washington, D.C., jail nearly seven months ago, Sibick has attended all of his mental health therapy sessions, Brennwald said.

"He has not left home in the morning before the appointed time, and he has always returned no later than his present curfew of 6:30 p.m.," he said. "He has not once violated a single condition of release."

"The last thing he wants to do is violate any terms of his release," the defense lawyer said. "He has not come close to doing so. And there is no rational, factual basis to believe that he would do so if he were allowed to be out during the hours he proposes."

"After the hell that he went through while at the Correctional Treatment Facility (in Washington), both in and out of 'the hole,' the last thing Mr. Sibick wants is to engage in any conduct that could risk sending him back to that nightmarish place of confinement," Brennwald said.