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Nat’l Guardsman testifies against Army vet ‘father figure’ to avoid jail for Capitol breach

Storming of the U.S. Capitol in Washington, D.C. (Yuri Gripas/Abaca Press/TNS)
August 17, 2022

A National Guardsman who breached the U.S. Capitol on Jan. 6, 2021, did not receive any jail time after he testified against his “father figure,” an Army veteran who was with him at the demonstration. 

Jacob Fracker, 30, pleaded guilty to criminal conspiracy in the U.S. District Court in Washington, D.C. and was sentenced on Aug. 16 to 12 months of probation with the first 59 days on home detention, as well as 120 hours of community service and $2,000 restitution, according to the Department of Justice (DOJ).

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Fracker, who was a police officer, active member of the National Guard, and Marine veteran, was fired from the Rocky Mount, Va. Police Department and separated from military service as a result of his participation in the Capitol breach.  

Thomas Robertson, 49, the Army veteran whom Fracker described as a “father figure,” was sentenced to more than seven years in prison for taking part in the breach with Fracker. In his plea agreement, Fracker agreed to testify against Robertson. 

The prosecutor told the court that Fracker’s cooperation with the government went “above and beyond,” according to CBS News congressional correspondent Scott MacFarlane, who covered Fracker’s sentencing hearing.

Fracker apologized for his “actions that day” and said he was “ready to accept [his] punishment.”

MacFarlane reported that the judge asked Fracker if he realizes “there’s nothing patriotic about interfering… with the peaceful transfer of power?”

Fracker responded, “Yes, sir”

According to the DOJ, both Frack and Robertson knowingly entered a restricted area when they breached the Capitol building. Robertson later posted on social media that “CNN and the Left are just mad because we actually attacked the government who is the problem and not some random small business … The right IN ONE DAY took the f**** U.S. Capitol. Keep poking us.” 

Robertson also said he was “proud” of a photo circulating online that showed him inside the Capitol because it proved he was “willing to put skin in the game.”

Fracker also posted about the breach on social media, writing in a now-deleted Facebook post, “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 also “bragged to his friends on social media that he had taken a ‘piss’ in Nancy P’s toilet,’ referring to Nancy Pelosi,” according to DOJ documents.

Robertson admitted in a statement to Newsweek that both he and Fracker sent their police department colleagues the photo showing them inside the Capitol. 

Robertson also insisted that he didn’t break any laws, didn’t know about any violence, and was escorted “in” by Capitol Police. 

Another U.S. Army veteran who participated in the breach received one of the harshest sentences of any of the hundreds of defendants charged in the incident.