A federal grand jury returned a superseding indictment this week against a former Virginia police officer charged in the Capitol riot – adding two new felony charges to the case against him.
In the new indictment, unsealed Wednesday, former Rocky Mount, Virginia, police officer Thomas Robertson faces an additional charge of civil disorder and aiding and abetting. The charge is a felony carrying a maximum sentence of up to 5 years in prison.
The indictment also adds a dangerous weapon enhancement onto an existing charge of entering a restricted building or grounds. Robertson is accused of carrying a "large wooden stick." The enhancement increases the charge from a Class "A" misdemeanor with a maximum sentence of 1 year in prison to a felony with maximum sentence of 10 years.
Robertson, and his co-defendant, fellow officer Jacob Fracker, were arrested in January 2021 and indicted the following month on four counts, including a felony count of obstruction of an official proceeding. The new indictment only adds the civil disorder charge for Robertson.
The new felony charge further ups the stakes at trial for Robertson, who has rejected the government’s plea offers. He’s currently being held in pretrial detention after a judge revoked his release in July in response to Robertson’s purchase of more than 30 firearms while under federal indictment.
At his bond revocation hearing over the summer, the DOJ also presented evidence that Robertson had two M228 fuzes in his home. The fuzes are used on training grenades and require a Federal Explosive License to own. Robertson has not, to date, faced any additional charges for the firearms purchases.
Robertson’s co-defendant, Fracker, has repeatedly requested his case be severed so that he can consider a plea offer. His attorney has said in court the DOJ has only offered “wired” plea deals, which would require both Fracker and Robertson to accept.
Robertson and Fracker were scheduled to appear in court again Thursday afternoon for a status conference.
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