Capitol riot suspect from Lindenwold was victim of misinformation, his attorney says

WASHINGTON, D.C. – A South Jersey man facing a prison term for his role in the U.S. Capitol riot should be shown leniency because he was “an over-consumer of conspiratorial sources of news,” his defense attorney argues.

Michael Oliveras, 50, of Lindenwold “had no way to independently verify the accuracy of what those sites were reporting as 'fact' when making allegations regarding the integrity of the election process,” the lawyer, Michael Shipley, said in a July 3 court filing.

He said Oliveras’ exposure to election claims “which lacked any significant factual foundation” should be considered as a mitigating factor at his July 13 sentencing.

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Shipley asserted a prison term of one year and a day would be “fair and just” for Oliveras.

A federal prosecutor wants a 30-month prison term for the carpenter.

What did Michael Olivares do at the Capitol?

Olivares, who was arrested in December 2021, admitted guilt in January to assaulting, resisting or impeding a federal officer. The prosecution is seeking dismissal of four misdemeanor charges under the plea bargain.

"Oliveras traveled to Washington, D.C., prepared for 'war on January 6' because he wanted to stop the certification of the election," Ashley Akers, a trial attorney for the Justice Department, contended in her sentencing memo.

She noted Oliveras, carrying an American flag and wearing a red Trump hat and hoodie, shouted expletive-filled threats while in the Capitol or on its grounds from shortly before 1 p.m. into the evening of Jan. 6, 2021.

According to her filing, Olivares allegedly screamed while inside the Capitol. “Where are they? Drag them out by their f--king hair!’"

After being removed from the Capitol twice, Oliveras faced off with officers during a failed attempt to return to the building, her filing says.

It says a fight broke out “as Oliveras stood at the front of the line of rioters refusing to leave despite direct orders from officers.”

“Oliveras stepped forward and forcefully pushed into officers,” Akers’ memorandum asserts.

It says Oliveras, described as a QAnon adherent, then walked around the Capitol to an area where media equipment had been destroyed and stacked in a pile.

He stood near the equipment and shouted, "This is what happens to fake news" and other comments, Akers wrote.

She also said Oliveras showed no remorse after returning to South Jersey, telling FBI agents, “I wouldn’t change a thing. I’d do it again.”

Defense attorney argues for a shorter sentence

But Shipley said a summary of Olivares’ actions, agreed to by both sides, “falls short” of being an admission to assault of a law enforcement officer.

“The evidence shows no physical contact by Mr. Olivares with any law enforcement officer and no dangerous instrument or weapon being used by him,” the attorney argued in his memorandum.

But he acknowledged Olivares "certainly made the jobs of the officers present more difficult and for that he stands before the court willing to accept his punishment."

And Shipley said Olivares’ statements “were repugnant and condemnable but they should play no role in determining his sentence.”

The comments were “political speech protected by the First Amendment" and expressed “his frustrations based on what he had come to believe about the outcome of the election.”

The attorney also pointed to childhood challenges and family fissures for Olivares, a 10th-grade dropout.

Shipley said Olivares, a father of two who has used marijuana and alcohol “to cope with his unhappiness and loneliness stemming from his upbringing,” moved to a small apartment after separating from his wife in 2018.

He said “an abundance of hours alone” led Olivares to focus on publicized claims “which lacked any significant factual foundation.”

“His personal and professional existence at that point in his life made him particularly vulnerable to disinformation and misinformation in the place of hard factual evidence,” said Shipley’s memorandum.

As a result, it said, Olivares went to Washington, DC. to protest and “succumbed to a mob mentality.”

Jim Walsh is a senior reporter for the Courier-Post, Burlington County Times and The Daily Journal. Email him at jwalsh@cpsj.com.

This article originally appeared on Cherry Hill Courier-Post: Michael Olivares of Lindenwold faces prison for his Capitol riot role