The Guardian (USA)

Former Virginia police officer convicted of storming US Capitol

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A federal jury has convicted a former Virginia police officer of storming the US Capitol with another off-duty officer, to obstruct Congress from certifying Joe Biden’s 2020 electoral victory.

Jurors on Monday convicted former Rocky Mount police officer Thomas Robertson of all six counts he faced stemming from the 6 January riot, including charges that he interfered with police officers at the Capitol and that he entered a restricted area with a dangerous weapon – a large wooden stick.

His sentencing hearing was not immediatel­y scheduled.

Robertson’s jury trial was the second among hundreds of Capitol riot cases. The first ended last month with jurors convicting a Texas man, Guy Reffitt, of all five counts in his indictment.

Robertson did not testify at his trial, which started 5 April. Jurors deliberate­d for several hours over two days before reaching their unanimous verdict.

One juror, who spoke to the Associated Press only on condition of anonymity, said as she left the courthouse, “I think the government made a really compelling case and the evidence was fairly overwhelmi­ng.”

Defense attorney Mark Rollins said Robertson will appeal the jury’s verdict. “While Mr Robertson disagrees with the jury’s decision, he respects the rule of law,” Rollins said in a statement.

A key witness for prosecutor­s in his case was Jacob Fracker, who also served on the Rocky Mount police force and viewed Robertson as a mentor and father figure.

Fracker was scheduled to be tried alongside Robertson before he pleaded guilty last month to a conspiracy charge and agreed to cooperate with authoritie­s. Fracker testified Thursday that he had hoped the mob that attacked the Capitol could overturn the 2020 presidenti­al election results.

Robertson was charged with six counts: obstructio­n of Congress, interferin­g with officers during a civil disorder, entering a restricted area while carrying a dangerous weapon, disorderly or disruptive conduct in a restricted area while carrying a dangerous weapon, disorderly or disruptive conduct inside the Capitol building, and obstructio­n. The last charge stems from his alleged post-riot destructio­n of cellphones belonging to him and Fracker.

During the trial’s closing arguments Friday, assistant US attorney Risa Berkower said Robertson went to Washington and joined a “violent vigilante mob” because he believed the election was stolen from then-president Donald Trump. He used the wooden stick to interfere with outnumbere­d police before he joined the crowd pouring into the Capitol, she said.

“The defendant did all this because he wanted to overturn the election,” Berkower said.

Rollins conceded that Robertson broke the law when he entered the Capitol during the riot. He encouraged jurors to convict Robertson of misdemeano­r offenses but urged them to acquit Robertson of felony charges that he used the stick as a dangerous weapon and that he intended to stop Congress from certifying the electoral college vote.

“There were no plans to go down there and say, ‘I’m going to stop Congress from doing this vote,”’ Rollins said.

Fracker testified that he initially believed that he was merely trespassin­g when he entered the Capitol building. However, he ultimately pleaded guilty to conspiring with Robertson to obstruct Congress.

The town of Rocky Mount, which is about 25 miles south of Roanoke and has roughly 5,000 residents, fired Robertson and Fracker after the riot.

 ?? Photograph: José Luis Magaña/AP ?? Rioters loyal to Donald Trump rally at the US Capitol in Washington on 6 January 2021.
Photograph: José Luis Magaña/AP Rioters loyal to Donald Trump rally at the US Capitol in Washington on 6 January 2021.

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