Rocky Mount cops plead not guilty during Capitol riots, but federal warrant says otherwise

Two Rocky Mount police officers currently on administrative leave maintained their innocence after a photo of them appeared in the U.S. Capitol crypt on the day of the riot, but a federal search warrant details a series of admissions and evidence to the contrary.

The Federal Government issued arrest warrants for Thomas Robertson and Jacob Fracker based on the two bragging about their presence on Capitol Hill on social media. Both are accused of intentionally entering or staying in any restricted building or land without legal authority and violent entry and disorderly conduct on Capitol land.

Fracker, through his wife, declined comment, but told others in the community that he had done nothing wrong. Robertson told 10 News that he and Fracker had no reason to believe that they were not allowed to be on Capitol Hill at the time, and they were allowed into the building by the Capitol Police. He added that the police even gave water bottles to the men and told them to stay inside the ropes.

But according to a recently unsealed search warrant, in a video that Fracker shared with friends on Facebook, he was seen wearing a gas mask inside the Capitol, saying “P *** it was wild lol I pissed in Nancy’s bathroom P “after hitting your chest several times. He also shared a video showing what the police believe he is bypassing barriers.

The warrant also detailed how Robertson told a friend that he was “shot in the a ** with a rubber bullet”, sent photographic evidence and later said to his friend “I’m going to war”. He also claims that Robertson said that ANTIFA was not responsible for the turmoil.

Investigators asked for the warrant because the police were unable to find Robertson or Fracker’s cell phones with them or in their cars when they were arrested. The excerpts below are from the search and seizure warrant.

In another video shared in the same conversation as the first, the details of the warrant that Fracker appeared to be outside the Capitol. He turns the camera towards you wearing the same gas mask and, while holding the camera away from him, a person who is believed to be Fracker climbs the Capitol steps and passes through a barrier. About two minutes into the video, Fracker shouts, “Let’s go f ******!” In a third shared video, Fracker again turns the camera on himself inside the Capitol and is seen wearing the same clothes and a gas mask. In the background, someone in the crowd shouts “Pelosi!”

According to the warrant, after sending the three videos and a photo of him to his friend, Fracker said: “We did it, hahaha, it was amazing. Flash bangs firing, CS gas, rubber bullets flying. It felt so good to be back in the shit hahaha I was like the 8th person inside the building, and shit was on. “

Later in the conversation, like the details of the warrant, Fracker said, “I haven’t been so hyped up since f ****** Nowzad hahaha.”

The investigator said Nowzad is a city in Afghanistan and said they “believe that Fracker was comparing his experiences on Capitol Hill with his time in Afghanistan”.

Fracker also said to his friend, “Don’t share this. I thought you should know that there is a hitter here trying to make a huge difference at any cost. “

The day after the riot, the warrant says that Fracker responded to a Facebook comment made by a friend saying “Freedrom 2020. F *** commies. Tyranny F ***. And fuck anybody on the road to a free America.

On December 19, 2020, three weeks before the riot, the warrant says Robertson commented on Facebook: “Civility left me. I’m tired of always taking the right path and being defeated by those who cheat, lie and steal to win and then allow the media to paint me as the villain. I will not be deprived of rights. I will follow the path that our founders gave us. Repairing complaints (already made), civil disobedience (here now) and then open armed rebellion. I have spent the past 10 years fighting an insurgency in Iraq and then in Afghanistan. I am prepared to start one here and I know a group of trained and like-minded individuals. “

According to the warrant, on December 29, 2020, Robertson responded to a post, “Amen. The time has come to remind our government where its power comes from. “

On January 4, two days before the riot, the warrant says Robertson commented in another post: “I’ll be in Washington on Wednesday to protest peacefully, the next day … we’ll see.”

On January 7, the day after the riot, the warrant says Robertson sent a message to Facebook to whom the police believe is a close relative. Robertson said: “Safe at home. Bruised swellings and sore eyes from tear gas, but good! I love you!”

According to the warrant, the following day Robertson commented in another post: “Well… F *** you. Being nice, police, writing letters and sending emails didn’t work. Peaceful protests did not work. Millions of FB posts, tweets and other social media did not work. All that remains is the violence and YOU and your “friends on the other side of the island (sic)” pushed Americans to that corner. The image of senators huddled on the floor with genuine fear on their faces is the most American thing I have ever seen in my life. Once … really … you REALLY realized who you work for. “

In another post the same day, Robertson wrote: “Peace is made. Now is the time for all the “Patriots” swashbuckles to buckle up or shut up. The time for Facebook warriors is over. The next revolution started on 6/1/21 in case you guys are “I’m ready” and “waiting”, guys, don’t notice. “

Robertson continued the same day on a Facebook post, according to the warrant, writing: “The next revolution started on DC 1/6/21. The only voice these people will hear now is VIOLENCE. So, respectfully. Buckle the armor or just stay home. “

The same day, according to the warrant, Robertson responded to a comment in part, “Respectfully … I was in Richmond 1/20/20 and was in the Capitol building 2 days ago. I am a VCDL, a member of the NRA and a soldier and police officer on duty. Damage control by Republicans in DC is trying to say that it was ANTIFA. It was not. Possible any where there? Sure. Did it cause that ?? Not.”

The next noteworthy message, according to the warrant, came on January 9, three days after the turmoil. It was on the same day that the town of Rocky Mount announced that it had put the two officers on leave.

Robertson sent a message to a friend on Facebook sharing the photo of the two in front of the John Stark statue, with Fracker turning off the camera. He also shared an image looking at what appears to be the Capitol steps.

According to the warrant, he added “Shooting a ** with a rubber bullet”. Later, adding: “We were stepping on the roof of your safe room chanting WHO HOME? OUR HOME. “

The next day, the warrant details that Robertson told a friend on Facebook: “I’m going to war. I can’t speak for everyone. ”The friend asked if Robertson is being sent” over there? ” Robertson replies, “No. I’m going to fight the fucking idiots who stole our country. “

The friend asked back, “Where are you going between the USA?”

Robertson replied, as detailed in the warrant, “DC on the 20th for sure.”

On January 11, the warrant says that Robertson posted a photo with the words: “By means of a bullet or vote, the restoration of the republic is coming.”

On January 13, the day after Robertson and Fracker were arrested, and the day they appeared before a federal court judge in Roanoke, Robertson told a Facebook friend, “I can die, but I will be convicted before I attack my colors” .

It was also the day the FBI broke into Robertson’s home and

The FBI broke into Robertson’s home on January 19 the day before he appeared before a judge in Washington, DC. Investigators seized a tablet, cell phone, wooden stick, a DC public transport fare card and a laptop from Robertson’s home, according to the warrant.

Both men are free on $ 15,000 bond. Initially appearing at Judge Robert Ballou in federal court in Roanoke on January 13, the two men were required to surrender all firearms, stay out of Washington DC, not participate in any demonstrations or leave the West Virginia District without permission.

The Federal Government wanted the two to wear GPS monitors around their ankles, but Judge Ballou said they could take their word for appearing in court because they are both veteran soldiers and police.

The two men went to a judge in the federal court in Washington, DC on Wednesday, January 20. There, the judge reaffirmed the conditions established at Roanoke. The prosecution said the police visited one of the men after the initial hearing and found several weapons in the house.

They were part of a long line of rioters who came to the judge in Washington DC, including Robert Packer, who wore a “Camp Auschwitz” sweatshirt while participating in the riot, and Josiah Colt, who was photographed hanging on the edge of a porch inside the Capitol before falling downstairs.

Fracker and Robertson will be back in court on February 2.