Crime & Safety

Alleged Colts Neck Capitol Rioter, Nazi Sympathizer Stays In Jail

A judge denied the Monmouth County man's request for release pending trial, citing public safety concerns should he be released.

A judge denied the Monmouth County man’s request for release pending trial, citing concerns over community safety should he be released.
A judge denied the Monmouth County man’s request for release pending trial, citing concerns over community safety should he be released. (Brent Stirton/Getty Images)

MARLBORO, NJ - A federal court ruled Tuesday that a Colts Neck resident and U.S. Army Reservist charged in the January insurrection of the U.S. Capital will remain behind bars pending his trial in Washington, D.C., noting that his extremist ideology and rhetoric could be a danger to the community if released.

Timothy Hale-Cusanelli, 31, was indicted on seven charges including obstructing an official proceeding, disorderly conduct in a Capitol building or grounds and obstructing law enforcement during a civil disorder.

In a motion against his release, federal prosecutors argued that Hale-Cusanelli is a danger to the public who should not be given the opportunity to act on his white supremacist or anti-Semitic beliefs.

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The Monmouth County man's racist and sexist viewpoints were revealed by colleagues through interviews conducted by the Naval Criminal Investigation Service, which found that 34 out of 44 co-workers noted Hale-Cusanelli's "extremist or radical views pertaining to the Jewish people, minorities and women." Read more: Colts Neck Capitol Rioter Was White Supremacist At Work: Feds

Following the riots at the U.S. Capitol, authorities found copies of Adolf Hitler's Mein Kampf and neo-Nazi aligned race war novel The Turner Diaries in Hale-Cusanelli's apartment, according to the criminal complaint. Hale-Cusanelli also made his extremist views known on his YouTube channel "Based Hermes Show."

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"Although it might otherwise be possible to attribute the "Based Hermes Show" and an interest in Mein Kampf and The Turner Diaries to morbid curiosity or First Amendment expression, defendant's actions and statements make plain his beliefs in White Supremacy, and his interest in participating in a civil war to preserve what he believes to be the proper order of American society," prosecutors wrote earlier this year.

"After returning home from storming the capitol, defendant told a friend that he 'couldn't describe how exhilarating it was' to participate in the protest. When asked how he would 'recreate' that sensation, defendant replied: 'War. Civil war.'"

Judge Trevor N. McFadden called his decision to keep Hale-Cusanell detained a "close call". However, he ultimately ruled in favor of not releasing the Monmouth County man, as there would be "no conditions or combinations of conditions that will ensure the safety of the community if I release the defendant."

Per NJ.com, Hale-Cusanelli’s lawyer has argued that his client is not accused of committing any acts of violence at the Capitol and that he should not be judged on his words, some of which the defense deemed "repugnant.”

In addition to having employment with the U.S. Army Reserves, he maintained a “secret” security clearance at Naval Weapons Station Earle in Colts Neck. He has since been barred from the naval base and has been detained in Washington D.C. since January. The U.S. Army is currently reviewing his service.

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