WASHINGTON, D.C. — In a landmark outcome for Jan. 6-related cases, defense attorney Dan Cron secured a complete acquittal for his client in a federal bench trial before a U.S. District Judge. The ruling marks the first full exoneration among hundreds of Capitol riot prosecutions—an extraordinary defense victory in a case widely seen as part of a historic legal reckoning.
The defendant, a New Mexico resident with a top-secret security clearance at the time of the incident, was charged with four misdemeanors related to the 2021 U.S. Capitol breach, including illegal entry and disorderly conduct. Cron, a prominent criminal defense attorney based in Santa Fe, mounted a defense that not only challenged the government’s narrative but persuaded the court that his client’s presence inside the Capitol was non-criminal and non-disruptive.
In his ruling from the bench, the Judge, himself a former federal prosecutor—said it was “reasonable” for the defendant to believe he had been allowed to enter the Capitol building, based on the conduct of the officers at the Rotunda entrance. Surveillance footage showed officers standing by without attempting to block entry, and at one point, the defendant was seen placing a hand on an officer’s shoulder—an act Cron argued was “a gesture of thanks and goodwill.”
The judge characterized the defendant as a “silent observer” who did not participate in violent behavior or attempts to interfere with Congress. “His actions were about as minimal and non-serious as anyone who entered the Capitol that day,” McFadden said, emphasizing the defendant’s credibility and demeanor in court.
Cron’s defense strategy proved decisive. While federal prosecutors argued that the suspect knowingly entered a restricted building and contributed to the crowd’s pressure on law enforcement, Cron countered that his client had no intent to disrupt Congress and reasonably interpreted the scene—officers allowing people inside—as implicit permission.
“My client was swept into a chaotic moment, but he remained peaceful and respectful throughout,” Cron told reporters after the verdict. “Justice was done today. We’re proud of the truth that emerged in court.”
The defendant testified in his own defense—a bold move that carried risks—and maintained that an officer had waved him in. Cron’s legal argument reframed his client not as an insurrectionist but as a passive participant misled by unclear signals in a tumultuous setting.
The ruling could set a precedent—or at least influence—other low-level defendants deciding whether to plead guilty or proceed to trial. More than 770 individuals have been charged in connection with the Capitol riot, with most accepting plea deals. This defendant’s acquittal demonstrates that carefully built defense strategies can prevail, even amid the largest federal criminal investigation in U.S. history.
Dan Cron’s courtroom success has drawn praise from legal observers. Known in New Mexico for handling complex, high-stakes criminal cases, Cron’s work on this case underscores his national-caliber expertise in federal litigation. With meticulous preparation, a strong evidentiary foundation, and an emphasis on defendant credibility, Cron achieved what many thought impossible: the first full legal vindication of a Jan. 6 defendant.