Federal charges filed against two Rocky Mount Police officers

ROCKY MOUNT, Va. (WDBJ) - Two Rocky Mount Police Department officers have been charged by federal authorities with misdemeanors stemming from their presence at violent protests in Washington, D.C. January 6, 2021.

The charges include being on restricted building or grounds and violent entry or disorderly conduct.

The officers have been identified as Thomas Robertson, 47, and Jacob Fracker, 29.

The protests took place as Congress was in the process of making the presidential electoral college vote official.

In a court hearing Wednesday afternoon, they were told they must stay away from DC until further notice, except for court proceedings, though they are likely to be virtual. Robertson also was told to give up his passport; Fracker doesn’t have one.

The prosecution also wanted GPS monitoring for both men, but the judge didn’t grant that, after both men said they are veterans and understand the order to stay away from DC.

The judge granted a $15,000 unsecured bond for both men, and told them they are not allowed to have firearms at home until further notice. Their travel is restricted for now to the Western District of Virginia, and they are not allowed to join any public assemblies.

The town’s review of the incident is ongoing and the officers remain on administrative leave.

From arrest warrants:

“Based on the foregoing, your affiant submits that there is probable cause to believe that Thomas Robertson and Jacob Fracker violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; and (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions. For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.

Your affiant submits there is also probable cause to believe that Thomas Robertson and Jacob Fracker violated 40 U.S.C. § 5104(e)(2)(D), which makes it a crime to willfully and knowingly utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress.”

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