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Felony charge added against former Rocky Mount officers who were at Capitol
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Felony charge added against former Rocky Mount officers who were at Capitol

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A photo of Jacob Fracker, left, and Thomas "T.J." Robertson inside the U.S. Capitol on Jan. 6 that was part of the complaint filed against them in federal court. The photo has been cropped to remove an obscene gesture that Fracker was making.

A federal grand jury has added a felony to the charges faced by two former Rocky Mount police officers who posed for a selfie inside the U.S. Capitol building during the Jan. 6 riot.

A new federal indictment charges Jacob Fracker, 29, of Rocky Mount and Thomas “T.J.” Robertson, 47, of Ferrum with one count each of obstruction of an official proceeding as well as aiding and abetting, entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, and disorderly conduct in the Capitol.

The obstruction charge is a felony with a maximum penalty of 20 years in prison. Entering and remaining in a restricted building and disruptive conduct in a restricted building are misdemeanors that carry a maximum penalty of a year’s incarceration. Disorderly conduct in the Capitol, a petty offense, carries a maximum of six months.

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Information available in federal court documents Monday did not indicate when the next hearing for the men will take place.

In a selfie that Fracker took inside the Capitol Crypt — which was later posted on social media — Fracker is making an obscene gesture. Robertson is pointing at Fracker while holding a wooden pole.

The men have maintained in interviews that they did not take part in any of the violence inside the Capitol that day.

A Federal Bureau of Investigation warrant presents a counter to that narrative, asserting that Fracker boasted in social media messages about being the “8th person inside the building” and urinating in U.S. House Speaker Nancy Pelosi’s toilet while he was in the Capitol. While Fracker has not commented on the FBI warrant, Robertson has said in interviews that even if Fracker made those claims, those events did not happen.

Rocky Mount terminated both officers on Jan. 26.

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