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November 13, 2024 – WASHINGTON – A Utah man has been charged with allegedly assaulting law enforcement and other offenses related to his alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His alleged actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

DOJ Oaks
(Pictured) Image, excerpted from BWC footage, of OAKS holding the baton after he stole it from an officer.

Daniel Van Oaks Jr., 54, of Alpine, Utah, is charged in a criminal complaint filed in the District of Columbia with a felony offense of assaulting, resisting, or impeding certain officers and obstruction of law enforcement during a civil disorder.

In addition to the felonies, Van Oaks is charged with six misdemeanor offenses, including knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building, act of physical violence in the Capitol grounds or buildings, knowingly take or attempt to take from the person or presence of another, anything of value.

Van Oaks will make his initial appearance in the District of Utah on Nov. 22, 2024

According to court documents, Van Oaks was identified in Washington, D.C., on Jan. 6, 2021. D.C., at approximately 4:22 p.m., in police body-worn camera footage approaching and pushing through a police line on the Upper West Terrace, where officers had assembled to contain rioters. Video footage shows officers attempting to repel Van Oaks before he moved to a different position along the line only moments later.

It is alleged that at around 4:23 p.m., Van Oaks lunged at an officer, grabbing and forcibly pulling the officer's baton, which caused the officer to fall. Oaks then retreated with the baton, raising it triumphantly above his head, and merged back into the crowd.

That day, Van Oaks allegedly posted a Facebook live video, referring to himself as "Dan Oaks," and documenting his movements around the Upper West Terrace. Van Oaks boasted about his actions, stating he had taken an officer's baton as a "souvenir" and described pushing through the police barricades while being followed by other individuals.

As he left Capitol grounds, Van Oaks remarked, "They won this round, but we will be back," and expressed a desire to have "stormed the castle sooner." Van Oaks also allegedly described how he felt about the day's events, stating that the events of January 6th were:

"Pretty fun, the revolution is over, we had fun storming the castle. I never had so much tear gas bombs go off around me as I did today. We had loads of fun, I got a baton too, but it was gone. I should have tossed it in the bushes more, so it was more hidden."

This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Utah.

This case is being investigated by the FBI’s Salt Lake City and Washington Field Offices. Van Oaks was identified as BOLO (Be on the Lookout) #489 on the FBI’s seeking information images. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.                                                    

In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Attachment: van_oaks.pdf [PDF, 1 MB]

Source: DOJ Release