Off-duty Virginia cop at Capitol siege is first active military member to be charged

He is a member of the National Guard but is not with troops in Washington D.C., the Army said

One of two off-duty Virginia police officers arrested for participating in the deadly Jan. 6 siege of the Capitol is the first known military servicemember to be charged in connection to the attack. 


Jacob Fracker is a corporal with the Virginia National Guard, the Army told Fox News. The other officer, Thomas Robertson, is an Army veteran. Both are officers of the Rocky Mount Police Department just outside Roanoke. 

The Army said Fracker is not currently on duty with National Guard troops in Washington, D.C.

"The Army is committed to working closely with the F.B.I. as they identify people who participated in the violent attack on the Capitol to determine if the individuals have any connection to the Army," an Army Public Affairs statement read. 

Police officers Jacob Fracker and Thomas Robertson took a selfie inside the U.S. Capitol during an insurrection. 

Police officers Jacob Fracker and Thomas Robertson took a selfie inside the U.S. Capitol during an insurrection.  (U.S. DISTRICT COURT)

Fracker and Robertson are charged with one count each of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds.

They were arrested Tuesday in Virginia and ordered released on $15,000 bonds. The Rocky Mount Police Department has placed both of them on administrative leave. 

A selfie taken by Fracker inside the Capitol shows the pair "making an obscene statement in front of John Stark," a military officer who fought in the American Revolution, the Justice Department said.

In a now-deleted Facebook post, Fracker wrote: "Lol to anyone who's possibly concerned about the picture of me going around... Sorry I hate freedom?...Not like I did anything illegal."

In an interview with WDBJ-TV, Robertson claimed he didn't witness any rioting or violence in the Capitol. 

"We were allowed by Capitol police to be where we were and were given water bottles and told where we could go and where we couldn’t," Robertson told the station.


In a statement to Fox News, the Capitol Police said it is "actively reviewing video and other open source materials of some USCP officers and officials that appear to be in violation of Department regulations and policies."

Several officers have been suspended, the agency said. 

Fracker and Robertson were among many supporters of President Trump who stormed the Capitol as Congress was certifying President-elect Joe Biden's Electoral College win. The chaos left five people dead, including a Capitol Police officer, and the historic building was ransacked.