A former Virginia police officer, Thomas Robertson, who participated in the Capitol riot on January 6, 2021, received a reduced prison sentence of six years after a recent U.S. Supreme Court ruling limited the government’s use of a federal obstruction law. Originally sentenced to over seven years of imprisonment, Robertson’s conviction for obstructing the congressional certification of President Joe Biden’s victory in the 2020 election was dismissed, resulting in the shorter prison term. This decision by U.S. District Judge Christopher Cooper marks Robertson as one of the first Capitol riot defendants to benefit from the Supreme Court’s ruling.
Robertson, who was the first Capitol riot defendant to be resentenced after the dismissal of a conviction for obstruction, expressed remorse for his actions on January 6. He admitted that the positions he took that day were wrong and stated that he looks forward to returning home and rebuilding his life after serving his prison sentence. Robertson was convicted of interfering with police officers during a civil disorder and entering a restricted area with a dangerous weapon, a large wooden stick. His jury trial was the second among hundreds of Capitol riot cases.
Accompanied by another off-duty Rocky Mount police officer, Jacob Fracker, Robertson traveled to Washington on the morning of January 6, 2021, along with a third man who was not charged in the case. Fracker, who pleaded guilty to a conspiracy charge and cooperated with the government, received a sentence of probation and two months of home detention in 2022. Jurors who convicted Robertson saw his social media posts before and after the riot, where he expressed support for baseless conspiracy theories about the 2020 election being stolen from then-President Trump.
Prosecutors argued that Robertson used his law enforcement and military training to block police officers trying to hold off the advancing mob during the Capitol riot. However, defense attorney Mark Rollins maintained that while Robertson made bad decisions and engaged in bad behavior, he was not attempting to “overthrow democracy” that day. The town of Rocky Mount fired both Robertson and Fracker after the riot, which took place about 25 miles south of Roanoke, Virginia. The judge expressed hope that he would not see Robertson in court again following his resentencing.
Overall, the resentencing of Thomas Robertson, a former Virginia police officer who participated in the Capitol riot, highlights the implications of a recent Supreme Court ruling that limited the government’s use of a federal obstruction law. Robertson’s reduced prison sentence of six years, down from over seven years, came after the dismissal of his conviction for obstructing the certification of President Biden’s victory in the 2020 election. While prosecutors urged for the original sentence to be maintained, the judge ultimately imposed a shorter prison term, making Robertson one of the first Capitol riot defendants to benefit from the Supreme Court’s ruling.
