Thomas Fee was accused of intentionally entering or staying in any restricted building or land without legal authority and violent entry and disorderly conduct on Capitol grounds, according to a criminal complaint filed on Saturday.
Frank Dwyer, an FDNY spokesman, confirmed to CNN that Fee had been in the department for 22 years and retired in October.
An unidentified witness, who is described as a special agent for the U.S. Diplomatic Security Service in a court case, reported to the federal government’s Joint Terrorism Task Force that his spouse saw a post from Fee’s girlfriend on Facebook stating that he he was “at the rally”, said the complaint.
According to the lawsuit, the unidentified witness sent a text message to Fee, asking if he was at the rally, and Fee allegedly said he was, and then sent a photo of himself inside the Capitol roundabout. The witness initially deleted the photo, but was able to recover it, according to the complaint.
The complaint also describes a Fee video allegedly sent to a witness who shows several people inside the Capitol roundabout “who do not appear to be authorized to be present”, shouting the words “tyranny” and “Pelosi”.
Fee reportedly sent a text message to the witness saying he was “on the spear tip” after sending the video, according to the complaint.
Fee has yet to be arrested, according to New York federal prosecutors. CNN contacted Fee for comment.
Dwyer said in a statement to CNN that the FDNY has been cooperating with law enforcement investigations into allegations of possible involvement of active or retired members in the riot.
“The Department received anonymous allegations that active or retired members were present at United States Capitol events on January 6 and, as needed, provided that information to the FBI,” said Dwyer in the statement.
FDNY commissioner Daniel Nigro said in a separate statement last week that while his department “respects the right of all members to personally assume and support social and political positions”, members “must act with the utmost discretion and respect for others. “and ensure that they comply with the laws.
“Department members, whether active or retired, should not engage in conduct that tends to discredit the Department or that undermines the Department’s discipline and good order,” says the statement.
CNN’s Devan Cole contributed to this report.