Former Rocky Mount officer charged in Jan. 6 riots asks for acquittal

Officer Jacob Fracker (left) and Officer Thomas Robertson (right) were fired from the Town of Rocky Mount Police Department on Tuesday, January 26. (WSLS)

WASHINGTON – A former Rocky Mount officer found guilty for his actions in the Jan. 6 Capitol riots is asking a judge to acquit him on certain charges.

Thomas Robertson filed a motion two weeks after his trial ended. He says the evidence presented during his trial was not enough for a conviction on three of the counts.

Robertson was found guilty of the following earlier this month:

  1. Obstruction of an official proceeding and aiding and abetting
  2. Civil disorder and aiding and abetting
  3. Entering and remaining in a restricted building or grounds
  4. Disorderly and disruptive conduct in a restricted building or grounds
  5. Disorderly conduct in a Capitol building
  6. Obstruction of an official proceeding and aiding and abetting

Robertson is asking to be acquitted of counts one, three and four.

In the formal request, Robertson’s lawyers state that count one should be dismissed because:

“i) because it fails to state an offense, ii) because the alleged conduct did not “obstruct, influence, and impede” a proceeding within the meaning of the statute, and iii) because the term “corruptly,” as applied is unconstitutionally vague.”

For counts three and four, Robertson’s lawyers argued that “there is no evidence to suggest that Mr. Robertson carried a deadly weapon or dangerous weapon.”

You can read the full request below:

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About the Author:

Samantha Smith joined WSLS 10’s award-winning digital team as a content producer in July 2018.