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An image from security footage shows Michael Daniele, a retired New Jersey State Police trooper, in the U.S. Capitol on Jan. 6, 2021. NBC10 Philadelphia

A former New Jersey State Police trooper who stormed the US Capitol with other Donald Trump supporters on Jan. 6, 2021 is dodging jail time, despite prosecutors recommending an 11-month prison sentence.

Michael Daniele traveled from his home state to Washington D.C. to attend Trump's "Stop the Steal" rally. According to NBC10 Philadelphia, Daniele was then caught on video yelling and giving the middle finger to police officers guarding the Capitol building before he entered it with hundreds of other rioters.

He spent just six minutes in the building, but Daniele will now spend the next two years on probation, including 30 days of home confinement, and pay a $2,500 fine for his part in the attack on the Capitol, NBC10 reported.

Prosecutors recommended an 11-month prison sentence because the retired police officer of 26 years "should have known better."

"By being there, he lent his strength to a violent mob," Assistant US Attorney Carolyn Jackson told the court.

Daniele's defense attorney Stuart Kaplan said incarcerating Daniele would be a waste of taxpayer dollars.

"He made poor choices and a bad decision," Kaplan said. "I think he's got more credits than debit."

Before he was sentenced, Daniele expressed remorse for his actions.

"My family has been through hell," Daniele said. "I would never do anything like this again."

NBC10 reported that more than 1,500 people have been charged with Jan. 6-related federal crimes. Like Daniele, over 200 were sentenced to some form of home confinement while more than 600 were sentenced to a prison term ranging from a few days to 22 years.

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