Former Rocky Mount police officer Jacob Fracker pleads guilty to Jan. 6 riot charge

He was one of two of the department’s officer charged in connection with the riot

One of the two former Rocky Mount police officers charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol entered a guilty plea on Friday.

During a federal court hearing, Jacob Fracker, 30, pleaded guilty to conspiracy to disrupt an official proceeding as part of a plea agreement.

Thomas Robertson, 49, was also a member of the Rocky Mount Police Department prior to attending the riot and is also facing federal charges.

In his plea, Fracker admitted that by the time he and Robertson entered the Capitol, they had agreed to attempt to impede, stop, or delay the proceedings going on before Congress and that they aided, assisted, encouraged, and facilitated each other in the conduct.

As part of his agreement, Fracker will cooperate with the government in its investigation and he will not be prosecuted for any other charges he previously faced.

He faces up to five years in prison and a potential fine of up to $250,000. A sentencing date will be set later in the U.S. District Court for the District of Columbia. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Christopher Kavanaugh of the Western District of Virginia released the following statement after Fracker’s plea on Friday.

“On the morning of January 6, 2021, two off-duty police officers with the Rocky Mount Police Department traveled from the Western District of Virginia to Washington, D.C., where they donned gas masks and sought to stop the joint session of the U.S. Congress in the process of counting electoral votes related to the presidential election, a necessary precondition to the peaceful transfer of power. Today, one of those police officers pled guilty to a felony conspiracy charge and accepted responsibility in United States District Court in Washington, D.C. I am grateful for the tireless work of the Assistant United States Attorneys and the agents of the Federal Bureau of Investigation’s Washington and Richmond Field Offices who investigated and prosecuted this case and obtained this just result.”

United States Attorney Christopher Kavanaugh of the Western District of Virginia

According to the evidence shared during Friday’s hearing:

  • Thomas Robertson, who was also a member of the Rocky Mount Police Department, and is facing federal charges, made post to social media before January 6 referencing “an open-armed rebellion” saying that he “knew a lot of like-minded and trained individuals” he would take with him
  • Robertson invited Fracker to join him on the trip to Washington, D.C.
  • Fracker packed three gas masks for the trip as he, Robertson and another person went to DC
  • After listening to speeches that day, the three walked down Pennsylvania Ave. and entered a restricted area of the U.S. Capitol
  • The three wore gas masks as they approached the building
  • Robertson had a large wooden stick with him and both Fracker and Robertson stood in the path of officers.
  • Fracker entered the U.S. Capitol through the Senate wing door.
  • Robertson entered the building a few minutes after him at 2:16 p.m.
  • Both reunited in the Capitol Crypt and made a selfie using an obscene gesture in front of the statue of John Stark
  • Both men used their cell phones to take videos and photos inside the building and post on social media

In August, both Fracker and Robertson denied plea offers from the government.

Both men previously served as members of the Rocky Mount Police Department until they were fired following charges being filed against them.

Fracker previously entered a not guilty plea during a February 2021 hearing.

His sentencing is scheduled for April 28 at 11 a.m.

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