Jacob Fracker, a former Rocky Mount police officer, was dismissed by the townafter he was arrested. His attorney stated that he has agreed to cooperate federal prosecutors. His sentencing date was not yet set.
A former West Virginia lawmaker pleaded guilty to his involvement in the riot on Friday. Derrick Evans was a Republican House of Delegates member, but he never served a day. After his January 2021 arrest , Evans resigned a month prior to the commencement of the legislative session.
Fracker, a former officer in police, pleaded guilty for conspiring to obstruct a formal proceeding. This was the joint session of Congress that met on Jan. 6, 2021 to confirm President Joe Biden’s election victory. Maximum five-year imprisonment is possible for the felony charge.
Thomas Robertson, Fracker’s codefendant is scheduled for trial on April 4. After the Capitol siege, Robertson was fired by Rocky Mount.
Fracker and Robertson had been off duty when Robertson drove with a neighbor to Washington, D.C. on Jan. 6. According to Fracker’s indictment, Robertson had three gas masks with him.
According to the indictment, Fracker, Robertson, and a neighbor named only as “Person” marched toward the Capitol and donned gas masks to join the growing mob after listening to speeches near Washington Monument. According to the indictment, Robertson carried a large wooden stick with him and used it to stop Metropolitan Police Department officers arriving to assist Capitol police officers.
Robertson and Fracker took a photo inside the Capitol as part of the attack. They later shared the story on social media. Prosecutors said that Robertson was seen making an obscene gesture in front a John Stark statue in the Capitol’scrypt.
Robertson and Fracker had sworn that they would uphold the law in all circumstances, prosecutors stated in a court filing.
They added that “They broke this trust when they took part in the riot at U.S. Capitol.”
Robertson had posted on Facebook before the riot that he believed the 2020 presidential election was invalid. Fracker’s indictment says that he referenced an “open-armed rebellion” and an “insurgency.”
“A legitimate republic is built on four boxes. The soapbox, ballot box, jury box and then the cartridge. We have just reached step 3. He wrote that Step 4 would not be beautiful on November 7, 2021.
Robertson’s lawyers didn’t respond immediately to an email requesting comment on Friday.
Robertson was sentenced by U.S. District Court Christopher Cooper in July after he ruled that Robertson had violated his pretrial release terms by possessing firearms. Robertson claimed that the 34 guns he purchased before June 29 when FBI agents searched his house, were simply World War II collectables.
Evans, a former West Virginia lawmaker, has pleaded guilty for a civil disorder offense, which can lead to up to five years imprisonment. The June 22 sentencing hearing was scheduled.
Evans streamed himself live from the Capitol wearing a helmet. Evans, who was seen clamoring in an overcrowded doorway along with other Trump supporters before joyfully walking inside the Capitol was captured on a now-deleted cell video.
“We’re in! We’re in!” Evans yelled. “Derrick Evans is at the Capitol!”
According to a criminal complaint, Evans had told his 30,000 Facebook friends to “Fight For Trump” days before.
A Texas man, who had been “forgotten” by Texas courts after being arrested on riot-related charges, pleaded guilty Thursday to assaulting a police officer using a pole.
Lucas Denney was arrested on Dec. 13, 2013. He was taken to Texas for his first court appearance. On March 7, he was charged with assault. Denney’s lawyers alleged that the government unlawfully held him for several weeks without charging him and deprived him of his constitutional right of due process.
U.S. Magistrate Judge Zia Faruqui offered an apology to Denney during a March 7 hearing and stated that he hoped “no other person has fallen through the cracks.”
“When I look at your face, I see an innocent person.” According to Denney’s transcript, Faruqui stated that there was no situation in which an innocent person should ever be forgotten.
Prosecutors admitted that they did not comply with Speedy Trial Act. They should have presented indictment before the grand jury or charged Denney prior to Jan. 22.
They wrote in a court filing that “but there is no evidence to show bad faith, a pattern or neglect, or anything more than an isolated incident that resulted out of a few unfortunate factors.”
Denney is due to be sentenced June 9.
Federal crimes have been brought against more than 760 people in connection to the Capitol Riot. More than 230 riot defendants pleaded guilty to misdemeanors and at least 127 have been sentenced. Another 100 are awaiting trial.
Faruqui, during Denney’s March hearing asked whether the Justice Department had “bit off more than it can chew” in its Capitol riot prosecutions.
“The government has decided to charge the largest case of its kind ever. He said that if they don’t have the resources to handle something like that, they should not charge them.
