Jan. 6 riot suspect facing charges of child pornography possession, sexual exploitation of a minor

A North Carolina man facing charges in the Jan. 6 riot is now accused of possessing child sexual abuse material and of sexual exploitation of a minor after authorities said they found evidence on his phone during his Capitol riot arrest.

David Paul Daniel, 37, faces charges of child pornography possession and sexual exploitation of a minor, online court documents said.

The child sexual abuse material and exploitation allegations against Daniel came to light during his November 2023 arrest in the Jan. 6 case at his North Carolina home, according to a probable cause affidavit reviewed by Law&Crime.

During the investigation leading to his arrest and search of his home, investigators were made aware that a local police agency had an open investigation regarding the allegation of sexual assault of a minor by the defendant, the document said.

A victim, referred to as “Minor 1” in the filing, told police that between 2015 and 2019, Daniel had sexually assaulted her on multiple occasions, and had also taken pictures of her while she was naked and directed her to take pictures of herself, according to the affidavit.

“Minor 1 also reported that while left alone with Daniel, he would make her shower with him,” the document said. She also told authorities he had her perform a sex act on him, and he had inappropriately touched her, according to the document.

Daniel denied to detectives any inappropriate conduct involving the victim but “could not recall if he had showered with her or not,” the document said.

Investigators also learned of an open investigation by another agency, the Forsyth County Sheriff’s Office (FCSO), regarding an allegation of statutory rape committed by the defendant against an alleged victim identified as “Minor 1,” reported in March 2023, the affidavit said.

“Minor 2’s mother told FCSO that Daniel had been involved sexually with Minor 2 the previous summer,” according to the document.

For his alleged role in the Jan. 6 riot at the Capitol, Daniel faces charges of assaulting officers, civil disorder, trespassing, disorderly conduct and demonstrating in a Capitol building, the U.S. Attorney’s Office said in a November 2023 press release.

He’s accused of being among the rioters who breached the Senate Wing Door near the Northwest Courtyard of the Capitol building, court documents said.

He and another rioter allegedly led a violent push against the barricaded Senate Wing Door as police officers tried to hold them closed. The group managed to force open the door before Daniel was sprayed with mace, court documents said. He went outside and returned to the Capitol building before leaving at 3:04 p.m., according to court documents.

Daniel filed a motion to continue his Jan. 6 trial, which was denied. He had argued in court documents that his child sexual assault material possession and sexual exploitation case occurring at the same time would be difficult. His being in custody in North Carolina would put a “severe burden on his ability to communicate with counsel and prepare for trial,” the document said.

“Moreover, it greatly complicates matters for Mr. Daniel that he now faces serious federal charges in a second case and district,” his attorney, William R. Terpening, wrote in court documents. “In particular, the existence of two cases may affect his plea decisions.”

“It will not be practical, and will unfairly prejudice Mr. Daniel, to have to try two cases back to back with completely different sets of facts and violations,” the motion added.

According to the federal docket, Daniel renewed the motion to continue his Jan. 6 case after the North Carolina case was given a trial date — of Jan. 6, 2025.

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