Amherst man pardoned in Jan. 6 case sentenced to prison on child pornography charges

An Amherst man pardoned by President Donald Trump for charges related to his involvement in the Jan. 6, 2021 U.S. Capitol riot was sentenced Wednesday to four years incarceration after pleading guilty to possession of child pornography.

U.S. District Court Judge Mark Mastroianni sentenced Daniel Tocci, 31, on March 25. Following four years in prison, Tocci will serve five years of supervised release with the first six months spent at a residential re-entry center, according to court documents.

The documents state that the length of the sentence reflects the “seriousness” of the crime and the “terrible toll” it has taken on the victims. The sentencing length aligns with similar cases.

Tocci was originally charged with child pornography in November 2024. He had a collection of more than 110,000 images and videos of suspected child pornography — approximately 10,000 on his laptop and more than 100,000 on five thumb drives. The victims were as young as 3 years old.

“This case warrants a sentence above 60 months based on the sheer number of images involved because each image represents a victim,” a sentencing memorandum states.

In addition to child pornography, Tocci’s laptop contained “extremely disturbing images of violent acts,” including bestiality, a video of someone being shot in the head and pets being killed. It says this evidence makes Tocci a “particularly dangerous individual.”

“The Court understands the serious nature of Defendant’s crime,” documents state. “The possession of child pornography re-victimizes the children depicted in those photos and videos. Once on the internet, the photos and videos of sexual abuse and rape of children will never be removed.”

The documents include a number of victim statements, from victims themselves and their parents. One parent discussed not knowing what to do with their child’s pictures and videos being shared online, receiving “victim notifications,” every day.

“The only comfort I could offer was to tell her that every time a person gets caught with her picture, they go to jail and can’t hurt any children or look at any more pictures,” one wrote.

Tocci’s defense, according to the defense’s memorandum, highlighted his history of being diagnosed with Asperger’s Syndrome and a breakup with his ex-girlfriend.

“It is fair to say that Mr. Tocci’s life has been defined by two important points — first — his childhood diagnosis of Asperger’s Syndrome and the isolation he felt as a result, which complicated his relationships with his siblings and peers and — second — the end of his most significant personal relationship … Both of these events have caused Mr. Tocci to realize that he has a very hard time fitting into the world,” the memorandum states.

It says that Tocci “spiraled downward for years” after his breakup, which occurred in January 2019.

Tocci was taken into custody in November 2023 on an arrest warrant by the FBI Boston Division in connection with his participation in the Jan. 6 U.S. Capitol riot. He was charged with destruction of government property; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol building; and parading, demonstrating, or picketing in a Capitol building.

A statement of facts says that Tocci stayed on the U.S. Capitol grounds for at least 90 minutes, entered the building and broke off a shutter slat.

President Trump granted pardons in January 2025 to individuals convicted of offenses related to the riot, like Tocci.

In the child pornography case, the defense states that Tocci is “kind, intelligent, caring and thoughtful,” but would have benefited from mental health care intervention. The document includes multiple statements from Tocci’s parents, friends and others.

“When a person with Asperger’s suffers the type of personal tragedy that Mr. Tocci did, with the ending of his relationship … they can be woefully ill equipped to work through the pain. This is particularly true for Mr. Tocci,” the defense states.

The document states that Tocci found mental health care at the Wyatt Detention Center. “He has lacked the ability to work through that loss in ways that a neurotypical person may — leaning on friends for emotional support, pursuing a hobby, or trying to date again. Instead, Mr. Tocci lost himself in the distractions available online that ultimately led him to commit this crime [child pornography possession] and be charged in this case.”

“Upon reflecting and reading the victim impact statements, Mr. Tocci now understands that his actions harmed the victims,” it states.

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