Who is Thomas Robertson? First Police Officer on Trial Over Capitol Riot

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A former police officer is due to stand trial on Monday, accused of storming the Capitol during the January 6 riot and buying more than 30 guns after his indictment.

Thomas Robertson was a serving officer when he and fellow cop Jacob Fracker were allegedly among a mob that forced its way into the building, it is claimed. The pair were later sacked.

Robertson, who was off-duty at the time, is set to become the third accused rioter to stand trial of the hundreds of people arrested for the Capitol insurrection that sent shockwaves around the world.

Capitol protests
Trials have begun for those accused of participating in the Capitol riots on January 6, 2021. Pictured: Demonstrators gather in September 2021 in support of the pro-Trump rioters. Getty Images

Prosecutors also allege that several months after the incident, Robertson posted on an online gun forum claiming the rioters had all been taught a lesson, but "definitely not the intended [one]."

According to court documents seen by Business Insider, the post on Gunbroker.com added: "I have learned very well that if you dip your toe into the Rubicon... cross it. Cross it hard and violent and play for all the marbles."

Robertson had been a police officer in Rocky Mount, Virginia, when the violence broke out in Washington, D.C.

Prosecutors claim he forced his way inside the Capitol building and posed with his middle finger raised as he stood with Fracker in front of a statue of American Revolution soldier General John Stark.

Robertson and Fracker were later fired by the Rocky Mount Police Department.

As Newsweek reported, Fracker pleaded guilty in March to conspiring to obstruct the joint session of Congress on January 6.

He is facing a maximum of 5 years' jail time, and is now expected to testify against Robertson as part of a plea deal.

The pair were arrested a week after the mob violence and were swiftly released, but a federal judge ordered Robertson back to jail in July after the Justice Department alleged he had purchased 34 firearms while under federal indictment. An FBI search of his home led to the discovery of an M4 rifle, a partial pipe bomb, and two fuses used on training grenades, prosecutors said.

In court papers requesting his pre-trial detention, prosecutors said that Robertson, despite "holding a position of public trust as a police officer, traveled to the District of Columbia and participated in one of the most riotous acts of insurrection the nation has ever seen. Then, he repeatedly and flagrantly disregarded the court's orders not to possess firearms."

When Judge Christopher Cooper ordered that Robertson must be returned to jail to await trial, he wrote: "The undisputed facts demonstrate a concrete risk that Robertson might participate in or provide material support to acts of ideologically motivated violence if released at this time. His recent social media posts may contain elements of bravado and hyperbole, but they provide evidence that Robertson is sympathetic to calls for a violent 'revolution,' and has been further radicalized by his pending prosecution."

Robertson has been charged with six counts, including obstruction of an official proceeding, civil disorder, entering and remaining in a restricted building and disorderly conduct in a Capitol building.

Robertson denied doing anything wrong, as Newsweek reported in January. He reportedly told the Richmond Times-Dispatch he did not support the violence that broke out and was unaware it was going on, adding: "I've done nothing wrong."

Robertson's defense attorney Mark Rollins said in a court filing last year that his client was inside the Capitol for just 10 minutes and he didn't break anything or assault anybody.

He also described how Robertson had previously served his country, working for the U.S. Army before joining the police. While he was serving in the Army, he was deployed to Iraq and Afghanistan, and was reportedly wounded in 2011 by both gunshot and mortar shrapnel. He was forced to undergo 10 surgeries before he joined the Rocky Mount Police Department and went on to become a sergeant, according to his lawyer. "He is a proud veteran with a love for his country," Rollins said.

Judge Cooper is set to preside over jury selection on Monday. If convicted, Robertson faces a lengthy sentence in federal prison.

About the writer

Get in touch with Chloe Mayer by emailing c.mayer@newsweek.com


Get in touch with Chloe Mayer by emailing c.mayer@newsweek.com