March 19 (UPI) — A former Virginia police officer pleaded guilty to a felony conspiracy charge on Friday for his participation in the riot at the U.S. Capitol on Jan. 6, 2021.
Jacob Fracker, 30, admitted that he and another former member of the Rocky Mount Police Department had “agreed to attempt to impede, stop or delay” the certification of electoral college votes after President Joe Biden won the 2020 election, according to the plea deal.
Fracker will cooperate with prosecutors as a condition of his plea agreement, including allowing law enforcement to review his social media for postings made around the time of the insurrection.
Court documents show that he may also participate in covert law enforcement activities and testify during trials for others charged with participating in the riot at the U.S. Capitol, which could include the trial for Fracker’s co-defendant, Thomas Robertson.
“Fracker considers Robertson a father-figure, and mentor. They worked closely together, socialized frequently, and saw each other daily,” the court documents read.
Law enforcement wrote in Fracker’s criminal complaint that he and Robertson took a selfie photograph making an obscene gesture in front of a statue of John Stark in the Capitol Crypt.
“Both brought along their police identification badges and firearms but left those in their vehicle when they arrived in the Washington metropolitan area. They went to the Washington Monument area, where they attended a rally, and then headed to the Capitol, where a mob was gathering,” prosecutors said in a statement.
“Both donned gas masks and approached the Lower West Terrace of the Capitol. Fracker entered the Capitol at approximately 2:14 p.m. and took a selfie along with Robertson.”
Fracker later admitted that he and Robertson had sent the photo to colleagues in the police department before it circulated on social media.
“Lol to anyone who’s possibly concerned about the picture of me going around… Sorry I hate freedom? …Not like I did anything illegal…y’all do what you feel you need to,” Fracker said in a since-deleted Facebook post, according to the criminal complaint.
Robertson, who has pleaded not guilty to all his charges, allegedly admitted that he “attacked the government” in posts made to social media, according to the criminal complaint.
“The right IN ONE DAY took the [expletive] U.S. Capitol. Keep poking us,” Robertson allegedly said in the post, adding that he was “proud” of the photo because he was “willing to put skin in the game.”
Robertson and Fracker were arrested a week after the siege and fired by the Rocky Mount Police Department. Fracker was initially charged with violent entry and disorderly conduct on Capitol grounds, as well as knowingly entering or remaining in a restricted building or grounds, and later faced additional charges of obstruction of an official proceeding and disorderly and disruptive conduct in a restricted building.
Last month, a U.S. district court judge denied a motion by Fracker to dismiss the disorderly conduct charge, court records show.
Federal sentencing guidelines indicate that Fracker is expected to face a sentence of between 15 to 21 months in prison and a fine between $7,500 to $75,000, according to the court documents. His sentencing has not been scheduled.
More than 775 people have been arrested for crimes related to the riot at the Capitol.