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Press Release

Two Off-Duty Virginia Police Officers Charged in Federal Court Following Events at the U.S. Capitol

For Immediate Release
U.S. Attorney's Office, District of Columbia

            WASHINGTON, D.C. – Two off-duty Rocky Mount, Virginia police officers were charged yesterday in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.

            Jacob Fracker and Thomas Robertson were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Both defendants were arrested on January 13, 2021, in Virginia.  It is alleged that during the events at the U.S. Capitol, Fracker and Robertson were photographed in the Capitol building making an obscene gesture in front of the John Stark statue. 

            On social media, Robertson is quoted as saying, “CNN and the Left are just mad because we actually attacked the government who is the problem and not some random small business ... The right IN ONE DAY took the f***** U.S. Capitol. Keep poking us.” He also stated that he was “proud” of the photo on an Instagram post that was shared to Facebook, because he was “willing to put skin in the game.” On Facebook, Fracker posted a comment that read, “Lol to anyone who’s possibly concerned about the picture of me going around... Sorry I hate freedom? …Not like I did anything illegal…y’all do what you feel you need to.” The post has since been deleted.

            These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Western District of Virginia. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.

            The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.

            The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via ReportIt.com.

            The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

Updated January 13, 2021

Press Release Number: 21-010