Retired NJ state trooper from Holmdel acquitted of Capitol riot felonies

Ken Serrano, Asbury Park Press
Updated ·3 min read
8

WASHINGTON - A retired New Jersey State Police trooper accused of taking part in the Jan. 6  Capitol riot was acquitted of the two felonies he faced but convicted of four misdemeanors, according to court records.

Michael Daniele, 61, of Holmdel was accused of being one of the first to breach a barricade at the Jan. 6, 2021, insurrection, according to a court filing from the U.S. Department of Justice.

He was charged with two felony counts of obstructing law enforcement officers or civil disorder, and the four misdemeanors: entering or remaining in a restricted building, disorderly conduct in a restricted building, disorderly conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.

Daniele appeared before U.S. District Judge Ahmet P. Mehta in Washington, D.C. in a bench trial that ended Friday.

Michael Daniele, a retired New Jersey state trooper, was acquitted of felony charges in a Jan. 6 Capitol riot case. This photo shows Daniele, after being pushed by the crowd, stopping himself with his foot on a barricade that a Capitol police officer tried to upright.
Michael Daniele, a retired New Jersey state trooper, was acquitted of felony charges in a Jan. 6 Capitol riot case. This photo shows Daniele, after being pushed by the crowd, stopping himself with his foot on a barricade that a Capitol police officer tried to upright.

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His attorney, Stuart N. Kaplan, said he worked to show how the video evidence in the case was presented out of context by the government.

“He did not engage in any violent or crazy protesting,” Kaplan said. “He was a spectator.”

In a still taken from one of those videos and filed with the complaint, Daniele is shown with his foot appearing to press down on a fallen barricade at the Peace Circle around 12:53 p.m. as a Capitol police officer attempts to lift it back up.

But a frame-by-frame review of the video showed that Daniele was pushed from the crowd behind, Kaplan said.

“His boot was only on that barricade for less than a second and he only put his foot up to stop this forward motion,” Kaplan said.

Daniele then backed away from the barricade some five or six yards, Kaplan said.

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Kaplan said Daniele was also accused of confronting a Capitol police officer, but a detailed review of the video showed that Daniele approached the officer to return the cap of another officer that Daniele found on the ground, Kaplan said.

After photos of suspects were widely distributed, a New Jersey State Police detective identified Daniele as a suspect on March 9, 2021. A complaint was filed against him in February 2023.

Interviewed by FBI agents at his home in Holmdel, Daniele admitted to entering the Capitol, a criminal filing says.

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He told the agents he took a charter bus to Washington, D.C., where supporters of then-President Donald Trump occupied the Capitol to thwart the election of President Joe Biden.

He entered the Capitol around 2:19 p.m. and left the building at 2:26 p.m. after failing to find a bathroom, he told FBI special agents.

Daniele identified himself in videos and photos of the riot. He also identified his black jacket, with the letters "MFIC" on a sleeve, and his brown work boots.

Of the four misdemeanors, two are on appeal. Kaplan said the judge agreed to acquit Daniele of those counts if the appeals court rules in Daniele’s favor.

Those two counts carry a fine and a prison term of up to a year. The two lesser misdemeanors — not out on appeal — carry a fine and a possible jail term of six months, Kaplan said.

Kaplan said Daniele has not contested the two lesser misdemeanors.

“If you trespass and you're a spectator, you're still guilty of trespassing,” Kaplan said.

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Sentencing is scheduled for Oct. 4.

Kaplan said he will argue that Daniele deserves to avoid incarceration given his clean record and career with the State Police.

"He dedicated himself to the New Jersey State Police for 26 and a half years without a blemish," Kaplan said.

Daniele retired in 2013 with a monthly pension of $6,372, according to state pension records.

Ken Serrano covers breaking news, crime and investigations. Reach him at 732-643-4029 or kserrano@gannettnj.com.

This article originally appeared on Asbury Park Press: Retired NJ state trooper acquitted of felonies in Jan. 6 Capitol riot