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Rocky Mount cops claim innocence during Capitol riots, but federal warrant says otherwise

Investigators building case against men largely based on their social media activity

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Two Rocky Mount police officers currently on administrative leave have maintained their innocence after a photo surfaced of them inside the U.S. Capitol’s Crypt the day of the riot, but a federal search warrant details a series of admissions and evidence to the contrary.

The Federal Government issued arrest warrants for Thomas Robertson and Jacob Fracker based on the two bragging about their presence at the Capitol on social media. Both are charged with knowingly entering or remaining in any restricted building or grounds without lawful authority and a charge of violent entry and disorderly conduct on Capitol grounds.

Fracker, through his wife, has declined comment but told others in the community he did nothing wrong. Robertson told 10 News he and Fracker had no reason to believe they weren’t allowed to be in the Capitol at the time, and they were allowed in the building by Capitol Police. He added that police even gave the men water bottles and told them to stay within the ropes.

But according to a recently unsealed search warrant, in a video Fracker shared with friends on Facebook, he’s seen wearing a gas mask inside the Capitol, saying “S*** was wild lol I pissed in Nancy P’s toilet” after hitting his chest multiple times. He also shared a video showing of what police believe is him going around barriers.

The warrant also detailed how Robertson told a friend he was “shot in the a** with a rubber bullet,” sent photo evidence, and later told the friend “I’m going to war.” It also states Robertson said ANTIFA was not responsible for the riot.

Investigators filed for the warrant because police could not find Robertson or Fracker’s cell phones on them or in their cars when they were arrested. The excerpts below come from the search warrant.

In another video shared in the same conversation as the first, the warrant details that Fracker appeared to be on the outside of the Capitol. He turns the camera toward himself wearing the same gas mask and then while holding the camera away from himself, a person believed to be Fracker moves up the steps of the Capitol and past a barrier. About two minutes into the video, Fracker yells “Let’s f****** go!” In a third shared video, Fracker again turns the camera on himself inside the Capitol and is seen wearing the same clothing and a gas mask. In the background someone in the crowd yells “Pelosi!”

According to the warrant, after sending the three videos and a photo of himself to the friend, Fracker said, “We did hahaha it was f****** amazing. Flash bangs going off, CS gas, rubber bullets flying by. Felt so good to be back in the s*** hahaha I was like the 8th person inside the building, s*** was f****** LIT.”

Later in the conversation, as the warrant details, Fracker said, “I haven’t been that hyped up since f****** Nowzad hahaha.”

The investigator stated that Nowzad is a town in Afghanistan and said they, “believe that Fracker was comparing his experiences in the Capitol with his time in Afghanistan.”

Fracker also told the friend, “Don’t share these. Just thought you should know there’s hitter out here trying to make a f****** difference at any cost.”

The day following the riot, the warrant says Fracker replied to a comment on Facebook made by a friend saying “Freedrom 2020. F*** commies. F*** tyranny. And f*** anyone int he way of a free America.

On December 19, 2020, three weeks before the riot, the warrant says Robertson commented on Facebook, “Civility has left me. I’m tired of always taking the high road and being beat by those who cheat, lie and steal to win and then allow their media to paint me as the bad guy. I won’t be disenfranchised. I’ll follow the path our founders gave us. Redress of grievances (already done) civil disobedience (here now) and then open armed rebellion. I’ve spent the last 10 years fighting an insurgency in Iraq and then Afghanistan. I’m prepared to start one here and known a bunch of like minded and trained individuals.”

According to the warrant, on December 29, 2020, Robertson replied to a post, “Amen. The time is upon us to remind our government where their power is derived from.”

On January 4, two days prior to the riot, the warrant says Robertson commented on another post, “I’ll be in DC Wednesday to peacefully protest, the day after....we shall see.”

On January 7, the day following the riot, the warrant says Robertson messaged who police believe to be a close blood relative on Facebook. Robertson said, “Safe at home. Bumps bruised and eyes sore from tear gas but good! Love you!”

According to the warrant, the next day Robertson commented on another post, “Well....F*** you. Being nice, police, writing letters and sending emails hasn’t worked. Peaceful protests haven’t worked. Millions of FB posts, tweets, and other social media hasn’t worked. All that’s left is violence and YOU and your “Friends on the other side of the isle (sic)” have pushed Americans into that corner. The picture of Senators cowering on the floor with genuine fear on their faces is the most American thing I have seen in my life. Once....for real.... you people ACTUALLY realized who you work for.”

On another post on the same day, Robertson wrote, “Peace is done. Now is time for all the braggart “Patriots” to buckle armor or shut the f*** up. Facebook warriors time is done. The next revolution started 1/6/21 in case you “I’m ready” and “standing by” guys missed it.”

Robertson continued on the same day on a Facebook post, according to the warrant, writing, “The next revolution started in DC 1/6/21. The only voice these people will now listen to is VIOLENCE. So, respectfully. Buckle armor or just stay at home.”

On the same day, according to the warrant, Robertson replied to a comment in part, “Respectfully....I was in Richmond 1/20/20 and I was in the Capitol building 2 days ago. I am a VCDL, NRA member and a serving Soldier and police officer. Damage control by the Republicans in DC is trying to say it was ANTIFA. It wasn’t. Possible some where there? Of course. Caused it?? Nope.”

The next message of note, according to the warrant, came January 9, three days after the riot. It was the same day the town of Rocky Mount announced it had placed the two officers on leave.

Robertson messaged a friend on Facebook sharing the picture of the two standing in front of John Stark’s statue, with Fracker flipping off the camera. He also shared a picture looking down what appears to be the steps of the Capitol.

According to the warrant, he added “Shot in the a** with a rubber bullet.” Later adding, “We were stomping on the roof of their safe room chanting WHOS HOUSE? OUR HOUSE.”

The next day, the warrant details that Robertson told a friend on Facebook, “I’m going to war. Can’t speak for everyone.” The friend asked whether Robertson is being sent “there?” Robertson replies “No. I’m going to fight the c*** suckers who stole our country.”

The friend asked back, “Where are you going to between US?”

Robertson replied, as detailed in the warrant, “DC on the 20th for sure.”

On January 11, the warrant says Robertson posted a picture with the words, “By bullet or ballot restoration of the republic is coming.”

On January 13, the day after Robertson and Fracker were arrested, and the day they appeared before a federal court judge in Roanoke, Robertson told a Facebook friend “I may die, but I’ll be damned before I strike my colors.”

It was also the day the FBI raided Robertson’s house and

The FBI raided Robertson’s home on January 19 the day prior to their appearance before a judge in Washington, D.C. Investigators seized a tablet, cell phone, wooden stick, a DC public transit fare card and a laptop from Robertson’s home, according to the warrant.

Both men are out on $15,000 bail. Initially going before Judge Robert Ballou in federal court in Roanoke on January 13, both men were ordered to surrender all firearms, stay out of Washington D.C., not participate in any demonstrations or leave the Western District of Virginia without permission.

The Federal Government wanted the two to wear GPS ankle monitors, but Judge Ballou said they could be trusted on their word to show up for court based on the fact that they are both military veterans and police officers.

The two men went before a judge in Washington, D.C. federal court on Wednesday, January 20. There, the judge reaffirmed the conditions set in Roanoke. The prosecution said police had visited one of the men following the initial court hearing and found numerous guns in the house.

They were part of a long line of rioters to go before the judge in Washington D.C., including Robert Packer, who wore a “Camp Auschwitz” sweatshirt while participating in the riot, and Josiah Colt, who was pictured hanging over the edge of a balcony inside the Capitol before dropping to the floor below.

Fracker and Robertson will be back in court Feb. 2.


About the Author:

Shayne Dwyer is an award-winning journalist and a member of the 10 News team since May 2018.