A former Virginia police officer who participated in the January 6, 2021, U.S. Capitol riot has had his prison sentence reduced to six years. Thomas Robertson, a former sergeant with the Rocky Mount Police, was one of the first to benefit from a recent U.S. Supreme Court ruling that limits the government’s use of a federal obstruction law.
Reduced Sentence Following Supreme Court Decision
Originally sentenced to seven years and three months, Robertson’s term was reduced on Wednesday by U.S. District Judge Christopher Cooper after the judge dismissed Robertson’s conviction for obstructing the congressional certification of President Joe Biden’s 2020 election victory. The dismissal follows a June ruling by the Supreme Court, which decided that for an obstruction charge to stand, there must be evidence of tampering with or destroying documents—criteria that do not apply to most January 6 cases.
Judge’s Decision and Robertson’s Response
During the resentencing, Judge Cooper expressed hope that Robertson would not return to court. Robertson, who had remained silent during his first sentencing, expressed remorse for his actions on January 6, stating, “I realize the positions that I was taking on that day were wrong… I’m standing before you very sorry for what occurred on that day.”
Robertson had been convicted on all six counts in his indictment, including charges related to interfering with police during a civil disorder and entering a restricted area with a dangerous weapon.
Background on Robertson’s Involvement
On the morning of January 6, Robertson traveled to Washington, D.C., with off-duty Rocky Mount police officer Jacob Fracker and a neighbor who was not charged. While Fracker pleaded guilty to a conspiracy charge and cooperated with the government, receiving probation and two months of home detention, Robertson faced a jury trial.
Jurors were shown social media posts by Robertson before and after the riot, including a post where he expressed his willingness to engage in a “counter insurgency” and later stated his readiness to fight in a civil war, clinging to the baseless theory that the 2020 election had been stolen from then-President Donald Trump.
Legal Arguments and Aftermath
Assistant U.S. Attorney Elizabeth Aloi argued that Robertson’s actions on January 6 were a call for armed rebellion, highlighting his law enforcement and military training as factors that allowed him to block police officers during the riot.
However, defense attorney Mark Rollins portrayed Robertson as a man who had made poor decisions but was not attempting to overthrow democracy. “What you find now is a broken man,” Rollins said.
Following the riot, Robertson and Fracker were both fired from the Rocky Mount Police Department. The town of Rocky Mount, located about 25 miles south of Roanoke, Virginia, has a population of around 5,000 residents.
