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Victim Notification - Daley et al

The Case Description:

In or around the spring of 2017, an event referred to as the “Unite the Right” rally was organized and scheduled to occur on August 12, 2017, at Emancipation Park in Charlottesville, Virginia, which is within the Western District of Virginia. This rally was widely promoted on social media and internet sites associated with white supremacist individuals and groups, and was scheduled to feature a lineup of well-known white supremacist speakers. 

On August 11, 2017, the evening prior to the scheduled Unite the Right rally, hundreds of individuals engaged in a torch-lit march on or around the grounds of the University of Virginia in Charlottesville, Virginia.  Throughout the march, the participants engaged in chants promoting or expressing white-supremacist and other racist and anti-Semitic views.  The march culminated near the University of Virginia’s Rotunda where a smaller group of individual, including University of Virginia students, had gathered around a statue of Thomas Jefferson to protest the torch-lit march.  Members of this group held a banner that read:  “VA Students Act Against White Supremacy.”  Chanting and bearing torches, the march participants encircled the Thomas Jefferson Statue and surrounded the protestors.  Violence ensued. 

On August 12, 2017, multiple groups and individuals espousing white-supremacist and other anti-Semitic and racist views arrived in and around the vicinity of Emancipation Park in Charlottesville, Virginia to attend the Unite the Right rally.  After several instances of violence and shortly before the scheduled start of the Unite the Right rally, law enforcement declared an unlawfully assembly and required rally participants to disperse.  

As early as March 2017, Benjamin Drake Daley, Michael Paul Miselis, Thomas Walter Gillen, and Cole Evan White became associated with a white-supremacists organization that eventually became known as the “Rise Above Movement (“RAM”).    RAM identified itself as alt-right, nationalist, and expressed through various means anti-Semitic, racist, white-supremacist views, and promoted violence against those they believed held opposing views.  They travelled to multiple political rallies and organized demonstrations in California and Virginia, where they prepared to engage in acts of violence against numerous individuals.  Those violent acts where committed in:

Huntington Beach, California on March 25, 2017

Berkeley, California on April 15, 2017

Albemarle County and Charlottesville, Virginia on August 11-12, 2017

On October 10, 2018, a Federal Grand Jury sitting in Charlottesville, Virginia (Western District of Virginia) indicted Benjamin Daley, Michael Misellis, Thomas Gillen, and Cole White on 2 counts each.  Count One:  Conspiracy to Commit an Offense Against the United States, and Count Two:  Riots. 


Pending Dates

Cole Evan White

Guilty Plea - November 30, 2018
Sentencing Date TBD

Benjamin D. Daley, Michael P. Miselis, Thomas W. Gillen

Pre-Trial Motions Hearing - April 11, 2019, 2:00 p.m.
Federal District Court, Lynchburg

Jury Trial - June 17-21, 2019, 9:30 a.m.
Federal District Court, Charlottesville



Charges and Custody Status

United States v. Daley et al  3:18cr00025

Benjamin Drake Daley
Michael Paul Miselis
Thomas Walter Gillen
Cole Evan White


Count One
Conspiracy to Commit an Offense Against the United States
18 USC 371

Count Two
Travel with Intent to Riot
18 USC 2101

Custody Status All four (4) defendants remain incarcerated and in federal custody




How do I know if I am a victim?

  1. If you suffered an injury due to an act of violence at the statue of Thomas Jefferson on UVA’s campus on August 11, 2017, you may be a victim.
  2. If you suffered an injury due to an act of violence on August 12, 2017, you may be a victim.
  3. If you were not injured, but witnessed these crimes of violence, and have suffered emotionally, you may be a victim. 


I was injured and have unpaid medical bills.  How can I get those paid?

                If you have not already done so, please contact the Virginia Victim’s Fund at  or 1-800-552-4007.    You will need to fill out their forms and to provide them  with several required documents . 


I have information about the case, who do I call?

                Please contact the FBI Office in Charlottesville, Virginia at 434-293-9663


I have information about other crimes committed in Charlottesville on August 11/12, 2017.

                Please contact the FBI Office in Charlottesville, Virginia at 434-293-9663


I was supposed to get money from the (one of multiple) fund for my lost wages, mortgage, car payment etc. but never received any money, how do I go about getting my money?  Or When?

                Please contact those funds directly.  The US Attorney’s Office prosecuting this case is not affiliated with any of the fundraising groups or efforts and cannot provide you any additional information. 


If I receive a subpoena, will the government pay my travel?

                In most cases, yes.  If you receive a subpoena, someone from the US Attorney’s Office will contact you to discuss travel arrangements and options.


I am a victim who did not receive a subpoena and want to attend the trial, but cannot afford it. 

                Once the trial date has been set, please contact us to discuss some options that may be available to you.


Contact Us:

United States Attorney’s Office
255 West Main Street
Charlottesville, Virginia  22902




Updated February 13, 2019

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