Two Virginia police officers accused of making out-of-service appearances at the United States Capitol on January 6 were ordered to surrender their weapons by a federal judge on Tuesday.
Officer Jacob Fracker and Sgt. Thomas Robertson of Rocky Mount, Virginia, are both accused of breaking into the Capitol and participating in the riot. His department put each of them on administrative leave.
Government prosecutors did not attempt to arrest any of the men, but asked that their travel be restricted and that they not be allowed to carry firearms during a virtual hearing. The judge agreed and prohibited the two men from carrying firearms or traveling outside Virginia.
VIRGINIA OFF-DUTY COPS THAT SNAPPED SELFIE WITHIN CHARGED CAPITOL
A government prosecutor said several guns were found recently at Robertson’s home, against a court order. The government also said the two men had called for an online uprising.
Police officers are also accused of making inflammatory posts on social media, in which they allegedly boasted of participating in the riot.
“CNN and the left are crazy because we really attacked the government, which is the problem, and not just any small company,” Robertson reportedly wrote in one of the posts, according to a criminal complaint. “The right IN ONE DAY took off the —– US Capitol. Keep poking us.”
Officers Jacob Fracker and Thomas Robertson took a selfie inside the United States Capitol during an insurrection. Fracker is a member of the National Guard, the Army said on Friday.
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They also allegedly posed for a photo inside the Capitol in which one of them appears to be making an obscene gesture in front of a statue of Revolutionary War hero John Stark. New Hampshire’s Stark is responsible for coining the state’s motto, “Live free or die.”
However, in an interview with the Roanoke Times, a Virginia newspaper, Robertson condemned the violence as “absolutely ridiculous”.
TWO VIRGINIA POLICE OFFICERS LEFT, FACE REVIEW AFTER CAPFIELD SELFIE SURFACES WITHIN
And Fracker, a veteran of the Navy and National Guard who said he served in Afghanistan, told the newspaper that he had devoted “his entire adult life” to public service protecting other Americans.
“I never cared about skin color, religion, political opinions, sexual orientation or anything. Americans are Americans, we bleed the same way,” he said. “I fought against terrorists who threatened our way of life. I drove away drug dealers who would have arranged for our children to become addicted to their products just to earn money.”
Still, according to investigators, Robertson said he was proud of the photo in an Instagram post.
“It shows 2 men willing to really play the game and defend their rights,” he reportedly wrote in a comment included in the criminal complaint. “If you are too much of a coward to risk being arrested, being shot and actually shot to guarantee your rights … you have no words to speak of, I appreciate it.”
Both officers face charges of intentionally entering or staying in a restricted building or land without legal authority and violent entry and disorderly conduct on Capitol grounds. They were released on bail each last week, under conditions that included staying out of Washington, unless they returned to the case.
The next trial date was set for February 2 at 3 pm.
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Danielle Wallace of Fox News and the Associated Press contributed to this report.