Thomas Robertson, Capitol Breach, Washington 2021

Off-Duty Police Officer Found Guilty in Capitol Breach Case

WASHINGTON – An off-duty police officer from Virginia was found guilty today by a federal jury of charges for his actions during and after the breach of the U.S. Capitol on Jan. 6, 2021.

Thomas Robertson, 49, of Ferrum, Virginia, was found guilty of a total of six charges following a trial in the District of Columbia. The jury found him guilty of five felonies: obstruction of an official proceeding, civil disorder, entering and remaining in a restricted building or grounds while carrying a dangerous weapon, disorderly and disruptive conduct in a restricted building while carrying a dangerous weapon, and tampering with a document or proceedings. He also was found guilty of the misdemeanor offense of disorderly conduct in a Capitol building.

Robertson and his co-defendant, Jacob Fracker, 30, of Rocky Mount, Virginia, a fellow off-duty officer with the Rocky Mount, Virginia Police Department, were off duty when they headed for Washington, D.C. in Robertson’s car on the morning of Jan. 6. Both brought along their police identification badges and firearms but left those in their vehicle when they arrived in the Washington metropolitan area. They went to the Washington Monument area, where they attended a rally, and then headed to the Capitol, where a mob was gathering.

Robertson carried a large wooden stick and confronted members of the Metropolitan Police Department, who had arrived to provide back-up to U.S. Capitol Police officers who were defending the West Front of the Capitol from the mob. Fracker entered the Capitol at approximately 2:14 p.m. and Robertson entered a few minutes later. They met up inside the Capitol’s Crypt, where they took a selfie of themselves making an obscene gesture in front of a statue. Throughout the day, both Robertson and Fracker used their mobile phones to take photos and video footage of their activity.

Robertson and Fracker were arrested on Jan. 13, 2021. Prior to their arrests, federal law enforcement officers called them, informed them of their arrest warrants, and ordered them to turn themselves in later in the day. After learning he had been criminally charged for his conduct at the Capitol, Robertson took Fracker’s phone and destroyed it and his own phone to hide the evidence of their crimes.

Robertson will be sentenced at a date to be set later by the Court. The charges of obstruction of an official proceeding and tampering with a document or official proceeding each carry statutory maximums of 20 years in prison. The charges of entering and remaining in a restricted building or grounds while carrying a dangerous weapon and disorderly and disruptive conduct in a restricted building while carrying a dangerous weapon each carry statutory maximums of 10 years in prison. The charge of civil disorder carries up to 5 years, and the charge of disorderly conduct in a Capitol building carries a statutory maximum of 6 months. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia with assistance from the National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Virginia.

The case is being investigated by the FBI’s Washington Field Office with assistance from the Roanoke Resident Agency of the FBI’s Norfolk Field Office.

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