Federal prosecutors are seeking to dismiss charges against a north Alabama man who was arrested in connection with the Jan. 6, 2021, breach at the U.S. Capitol in January.

The U.S. District Attorney’s Office in the District of Columbia this week filed the motion to drop the charges against 31-year-old Dillon Colby Herrington.

Herrington, who lived in Madison and formerly served in the U.S. Army, was arrested in June 2021.

He is charged with assaulting a federal officer, as well as other charges including disorderly conduct in a restricted building, engaging in an act of violence against a person or property, engaging in an act of violence on the Capitol grounds and interfering with law enforcement efforts.

Prosecutors filed the motion to dismiss without prejudice – meaning charges could be brought against Herrington in the future if the case is dismissed – on Monday but did not provide information as to why they want to drop the charges.

Herrington’s Michigan attorney – Heath Michael Lynch – said he can’t yet comment on the reasons.

Authorities say Herrington was among the crowd that stormed the Capitol grounds during a joint session of the Congress to certify the vote count of the Electoral College of the 2020 presidential election, authorities say.

Surveillance images and video from the exterior and interior of the U.S. Capitol Building depicted rioters inside and outside of the building who were unauthorized to enter and/or be upon the grounds of the Capitol.

While reviewing surveillance footage, law enforcement observed an individual located on the exterior grounds of the U.S. Capitol Building.

The individual was wearing a camouflage pullover-style jacket with a distinguishable yellow patch on the left arm of the jacket, camouflage pants, a yellow scarf, and a red hat with the words “Make America Great Again,” according to the affidavit against Herrington.

The affidavit said they later identified that individual as Herrington, in part by comparing the photos to his driver’s license picture.

Surveillance footage captured Herrington on two separate occasions attempting to strike members of law enforcement with objects.

He was seen throwing a wooden 4″x4″ piece of lumber in the direction of members of law enforcement. No officers were hit by the wood.

More footage captured Herrington standing near a metal electrical box. While standing near the electrical box, he appears to have an unknown object in his hands which he appears to throw in the direction of law enforcement, records state.

While standing near the box, the individual took hold of a metal barricade and threw the barricade in the direction of law enforcement. No member of law enforcement was struck with the metal barricade.

The FBI later received a tip identifying the man as Herrington, of Madison. The witness, records state, is a member of law enforcement who has known Herrington for more than a decade.

The records also state that at 5 p.m. on Jan. 6, the District of Columbia Metropolitan Police Department detained someone who identified himself as Dillon Herrington on the grounds of the Capitol. At that time, Herrington had a knife protruding from his rear pant pocket.

“Concerned about the safety of the crowd and officers, D.C. officers elected to detain Herrington,’’ an agent stated. “After obtaining Herrington’s contact information, officers placed the knife in Herrington’s backpack before escorting him off the premises.”