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Press Release

Off-Duty Virginia Police Officer Pleads Guilty To Felony Conspiracy Charge in Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, Western District of Virginia
Defendant Joined Mob, Entered Capitol

WASHINGTON – An off-duty police officer from Virginia pleaded guilty today to a felony charge related to the breach of the U.S. Capitol on Jan. 6, 2021, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Jacob Fracker, 30, of Rocky Mount, Virginia, pleaded guilty in the District of Columbia to a felony charge of conspiracy. According to court documents, Fracker and Thomas Robertson, both officers with the Rocky Mount, Virginia Police Department, were off-duty when they headed for Washington, D.C. 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.

According to the documents, both donned gas masks and approached the Lower West Terrace of the Capitol. Fracker entered the Capitol at approximately 2:14 p.m.  and took a selfie along with 
Robertson of themselves making an obscene gesture in front of a statue in the Capitol Crypt.

In his plea, Fracker admitted that by the time he and Robertson entered the Capitol, they had agreed to attempt to impede, stop, or delay the proceedings going on before Congress and that they 
aided, assisted, encouraged, and facilitated each other in the conduct.

Fracker was arrested on Jan.13, 2021. He faces up to five years in prison and a potential fine of up to $250,000. A sentencing date will be set later in the U.S. District Court for the District of 
Columbia. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Robertson, 49, also was arrested on Jan. 13, 2021. He has pleaded not guilty to all charges in the case and is awaiting trial.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice 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 and the Roanoke Resident Agency of the FBI’s Richmond Field Office. Valuable assistance was provided by the U.S.Capitol Police and the Metropolitan Police Department.

In the 14 months since Jan. 6, more than 775 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 245 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit

An indictment or complaint is merely an allegation, and all defendants are presumedinnocent until proven guilty beyond a reasonable doubt in a court of law.

Updated March 18, 2022