In a recent case of Capitol rioter sentencing, a retired New Jersey State Police trooper named Michael Daniele received probation instead of prison time. The federal courts marked a milestone in punishing Capitol rioters, with over 1,000 individuals being sentenced for their involvement in the January 6 attack on the U.S. Capitol. Daniele was captured on video yelling and flashing a middle finger near police officers before entering the Capitol. He expressed regret for his actions and was sentenced to two years of probation, including 30 days of home confinement and a $2,500 fine by U.S. District Judge Amit Mehta.
Despite being acquitted of felony charges, Daniele was convicted of misdemeanor charges after a trial without a jury in June. The judge noted that Daniele, who served as a state trooper for 26 years, should have known better than to participate in the violent mob that stormed the Capitol. While Daniele did not physically assault any police officers or cause damage during the riot, the judge emphasized that he still bore a moral obligation for his actions. Prosecutors argued that Daniele, with his law enforcement background, should have recognized the severity of his participation in the riot.
Daniele had traveled from New Jersey to Washington to attend the “Stop the Steal” rally near the White House on January 6, 2021, where then-President Trump spoke before the riot. Daniele joined hundreds of others at the Peace Circle, where the mob breached barricades and forced police to retreat. He entered the Capitol through the Senate Wing doors and spent about six minutes inside the building. During an interview with the FBI, Daniele referred to the attack as a “set up” and blamed police for the violence, despite his own decades of service in law enforcement.
The prosecutor highlighted that Daniele’s presence at the Capitol added strength to the violent mob and criticized his lack of responsibility despite his training and experience as a state trooper. Defense attorney Stuart Kaplan argued against incarcerating Daniele, stating that it would be a waste of taxpayer dollars. Kaplan acknowledged Daniele’s poor choices and bad decision-making but emphasized that he had more positive attributes than negative ones. The sentencing of Daniele reflects the ongoing efforts to hold Capitol rioters accountable for their actions and serves as a reminder of the consequences of participating in acts of violence against democracy.
