Ex-police officer who breached Capitol gets reduced sentence

A former police officer, Thomas Robertson, received a reduced prison sentence for his involvement in the January 6 Capitol riot. A federal judge on Wednesday shortened his sentence by 15 months, following a recent Supreme Court ruling that limited the scope of an obstruction charge used in several cases involving rioters.

U.S. District Court Judge Christopher Cooper originally sentenced Robertson to 87 months in prison two years ago after a jury convicted him. On Wednesday, the judge resentenced him to 72 months, as prosecutors decided to drop the obstruction charge, marking one of the first instances of the Supreme Court’s ruling impacting January 6 sentences.

During the resentencing, Judge Cooper clarified that this decision doesn’t reflect a shift in his view regarding the seriousness of Robertson’s actions. He stated that the events of January 6 were “not hyperbole – it was real harm.” However, he found it challenging to uphold the original sentence given the legal changes brought about by the Supreme Court.

Despite the Supreme Court ruling, prosecutors urged Cooper to maintain the previous 87-month sentence. They argued that the original sentence accurately captured the seriousness of Robertson’s offenses, emphasizing that the “damage done to the country must not be treated as just another crime.” Assistant U.S. Attorney Elizabeth Aloi pointed out that Robertson was poised to instigate a rebellion and to attack democratic processes.

Aloi emphasized that Robertson’s actions actively impeded the peaceful transfer of power. She firmly stated, “There’s no reason to second guess that decision,” defending the need to maintain the seriousness of the sentence.

On January 6, Robertson traveled to Washington, D.C., with another officer, Jacob Fracker, who later pleaded guilty to a conspiracy charge. Both were off-duty members of the Rocky Mount, Virginia, Police Department. Before joining the crowd, they left their badges and firearms in their vehicle.

While storming the Capitol, Robertson wore a gas mask and brandished a wooden stick, which jurors determined he used as a weapon against police officers. Just months before the insurrection, Robertson posted on Facebook, implying he had dedicated his life to fighting “counter insurgency” and hinted at joining a “very effective one.”

Prosecutors characterized Robertson as a leader who actively organized and recruited others for the riot. He appeared prepared for the event and even destroyed his and Fracker’s smartphones to eliminate evidence. These actions, they argued, disrupted the investigation and complicated the ability to charge another individual involved.

During the 2022 sentencing, Judge Cooper expressed concerns about Robertson’s lack of remorse and suggested he could potentially engage in violent behavior again. Prosecutor Aloi quoted Cooper’s earlier remarks, emphasizing that Robertson was not merely a bystander in the events of that day but a willing participant who had an oath to uphold.

As Robertson approached the bench for his resentencing, he wore an orange jumpsuit and expressed remorse for his actions. He acknowledged, “January 6 was a bad day. My participation allowed bad things to happen that should not have.” He then referred to Cooper’s earlier thoughts about his likelihood of reoffending.

In a response to the judge, Robertson insisted, “You didn’t think I was properly dissuaded from doing this again. I promise you, you will not have the same concern.” Judge Cooper responded, emphasizing the serious consequences of his conduct and the disruption it caused, particularly noting that it halted the certification of a government function. He remarked that it would be challenging to revert back to the original 87-month sentence if it were a “clean slate.”