Photo: The Canadian Press
FILE – Violent rebels loyal to President Donald Trump storm the Capitol on January 6, 2021 in Washington. Jacob Fracker, a former Virginia police officer, pleaded guilty on Friday, March 18, 2022, to storming the US Capitol with another former officer, who is due to stand trial next month on riot charges. (AP Photo / John Minchillo, File)
On Monday, a federal jury convicted a former Virginia police officer of storming the U.S. Capitol with another off-duty officer to prevent Congress from attesting to President Joe Biden’s 2020 election victory.
Jurors convicted former Rocky Mount police officer Thomas Robertson of all six charges he faces as a result of the January 6, 2021 riots, including allegations that he obstructed police in the Capitol and entered a restricted area with dangerous weapon, big wooden stick.
His sentencing was not scheduled immediately.
Robertson’s trial was the second of hundreds of Capitol riots. The first ended last month, with jurors convicting a Texas man, Guy Refit, of all five counts in the indictment.
Robertson did not testify at the trial against him, which began last Tuesday. The jurors discussed for several hours for two days before reaching a unanimous verdict.
A juror speaking to the Associated Press on condition of anonymity said when he left the courthouse: “I think the government has done a really convincing job and the evidence has been huge.
A key witness for prosecutors in his case was Jacob Fracker, who also serves in the Rocky Mount Police and views Robertson as a mentor and father. Fracker was due to stand trial with Robertson before pleading guilty last month to conspiracy charges and agreeing to cooperate with authorities. Fracker testified Thursday that he hoped the mob attacking the Capitol could undo the results of the 2020 presidential election.
Robertson was charged with six counts: obstructing Congress, interfering with officials during civil unrest, entering a restricted area while carrying a dangerous weapon, disorderly or destructive behavior in a restricted area while carrying a dangerous weapon, disorderly or destructive behavior in the Capitol building and obstacle. The latest accusation stems from his alleged destruction following a riot of mobile phones belonging to him and Fracker.
During closing remarks at Friday’s trial, Assistant Attorney General Risa Burcour said Robertson had gone to Washington and joined a “violent mob of vigilantes” because he believed the election had been stolen by then-President Donald Trump. He used the wooden stick to stop numerous police before joining the crowd pouring into the Capitol, she said.
“The defendant did all this because he wanted to cancel the election,” Bercourt said.
Defense attorney Mark Rollins admitted that Robertson broke the law when he entered the Capitol during the riot. He encouraged jurors to convict Robertson of crimes, but called on them to acquit Robertson of felony counts of using the wand as a dangerous weapon and of intending to prevent Congress from certifying the Electoral College vote.
“I had no plans to go down there and say, ‘I’m going to stop Congress from doing this vote,'” Rollins said.
Fracker testified that he initially believed he had simply violated it when he entered the Capitol building. However, he eventually pleaded guilty to conspiring with Robertson to obstruct Congress.
In cross-examination by Rollins, Fracker said he had no “verbal agreement” with anyone to obstruct the joint session of Congress. Fracker said he believed that everyone in the mafia “had almost the same goal” and did not need to be “spoken out.”
Robertson and Fracker drove with a neighbor to Washington on the morning of January 6. Robertson brought three gas masks to use, prosecutors said.
After listening to speeches near the Washington Monument, Fracker, Robertson and a neighbor headed to the Capitol, put on gas masks and joined the growing crowd, prosecutors said. Robertson stopped to help his neighbor, who was having trouble breathing. Fracker broke off and entered the building before Robertson, but they reunited at the Capitol.
Defense attorney Camille Wagner told jurors that Robertson entered the Capitol only because he wanted to bring back Fracker, who entered the Capitol minutes before Robertson. Wagner said the U.S. Army veteran used the cane to help him walk because he limped from a gunshot wound to the right thigh while working as a private contractor for the U.S. Department of Defense in Afghanistan in 2011.
Jurors saw some of Robertson’s furious posts on social media before and after the Capitol riot. In a Facebook post on November 7, 2020, Robertson said that “disenfranchisement from fraud is my hard line.”
“I spent most of my adult life fighting the rebels. “I (am) about to be part of one, and very effective,” he wrote.
Assistant Attorney General Elizabeth Aloy told jurors that Robertson was blamed for his actions, not his political beliefs. Wagner also said Robertson should be judged by his actions, not his words.
The city fired Robertson and Fracker after the riot. Rocky Mount is about 25 miles south of Roanoke and has about 5,000 inhabitants.
Robertson has been in jail since Cooper ruled in July that he had violated the terms of his early release by possessing a firearm.
More than 770 people have been charged with federal riot crimes. More than 250 of them have pleaded guilty, mostly to crimes.
The trial against Robertson is one of four so far accused of rioting in the Capitol. The other two cases were heard in court before the same judge.
U.S. District Judge Trevor McFadden convicted New Mexico-elected official Cui Griffin last month of illegally entering limited Capitol areas, but acquitted him of hooliganism. On Wednesday, McFadden acquitted another New Mexico man, Matthew Martin, of all four charges.
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