Feds ask probation for ex-police officer who stormed Capitol

Violent insurrectionists loyal to President Donald Trump climb the west wall of the U.S. Capitol in Washington, Jan. 6, 2021. Federal prosecutors on Tuesday, Aug. 9, 2022, are recommending a sentence of six months' probation for a former Virginia police officer who pleaded guilty to storming the U.S. Capitol with another off-duty officer. (AP Photo/Jose Luis Magana, File)

A former Virginia police officer who pleaded guilty to storming the U.S. Capitol with another off-duty officer deserves to avoid a prison sentence for his cooperation and trial testimony against the other officer, federal prosecutors argued in a court filing Tuesday.

Justice Department prosecutors recommended six months of probation along with a period of home detention or “community confinement” for former Rocky Mount police officer Jacob Fracker. He pleaded guilty to a felony charge that he conspired with a former colleague, Thomas Robertson, to obstruct Congress from certifying President Joe Biden’s 2020 electoral victory.

Prosecutors have recommended an eight-year prison sentence for Robertson, who was convicted by a jury of attacking the Capitol to obstruct Congress from certifying the Electoral College vote on Jan. 6, 2021.