Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

FOR WASHINGTON D.C.

UNITED STATES OF AMERICA, )

)
)
v. ) Case No. 1:21-CR-00034-002
) The Hon. Christopher R. Cooper
JACOB FRACKER ) Sentencing: August 19, 2022
Defendant. )

DEFENDANT'S POSITION ON SENTENCING

Jacob Malone Fracker has received and reviewed the Pre-sentence Investigation Report

prepared by Probation Officer Sherry Baker. Mr. Fracker has no factual disputes with the

information contained therein, nor does he have any dispute with the PSR's calculation of the

advisory Guidelines range of 15 to 21 months. However, Mr. Fracker would respectfully suggest

that a sentence of probation or homr confinement is sufficient but not greater than necessary to

account for each of the Section 3553(a) factors.

FACTUAL BACKGROUND

The Defendant agrees that the PSR and the Statement of Facts signed by the defendant

(previously submitted to and filed in the court record) adequately set forth the offense conduct in

this case. Mr. Fracker has pled guilty to a one count criminal information charging him with

Conspiracy to Obstruct an Official Proceeding, in violation of Title 18, United States Code,

sections 371.
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 2 of 12

In essence, Mr. Fracker, a US Marine Corp veteran who had honorably served his country

in combat in foreign countries and bears the physical and emotional scars of that service, was a

police officer in his hometown of Rocky Mount Virginia at the time of the January 6th 2021

incident (hereinafter “J6") . His superior officer, mentor and surrogate father figure was his ex-

codefendant, Thomas Robertson. A few days prior to J6 Robertson invited him to go on a road

trip to Washington to “see the president speak at a rally.” It is not disputed that Mr. Fracker, who

was not particularly politically involved or motivated, would never have come to Washington on

J6 had he not been invited to go by Mr. Robertson.

Early on J6 Mr. Robertson, Mr. Fracker and a neighbor of Mr. Robertson met at

Robertson’s house for the trip to Washington. Mr. Robertson supplied gas masks (having seen in

media over the year prior to this event tear gas and pepper-spray employed at many

demonstrations and protests at various places around the country - including Washington DC)

and military MRE-style meals for all three men for the trip, and drove them to the Washington

area. As Probation Officer Baker wrote in Mr. Fracker’s PSI report, “codefendant Robertson

recruited, organized and outfitted defendant Fracker.” (Par 55). Although Robertson also took a

wooden stick or post (appearing to be approximately 2" x 2" x 4 feet long) with him, Mr. Farcker

took no stick, nor any other weapon or weapon-like object into Washington.

Upon arriving in the Northern Virginia area, Mr. Robertson parked in a METRO parking

lot and purchased farecards for them all to use the METRO, which they took to DC - AFTER

leaving their police shields, ID cards and police firearms in the car. They attended President

Trump’s rallly on he Ellipse, then walked with thousands of others in the crowd toward the

-2-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 3 of 12

Capitol. It is undisputed that it was obvious to any reasonable person when they arrived at the

Capitol that the area was closed off to the public and vastly outnumbered police were actively

trying to prevent the massive crowd from approaching and entering the immediate Capitol

grounds and building, and that tear gas and/or other chemical agents were being used to deter the

crowd. It is also undisputed that at one point the three men stood in a line in the dense crowd and

faced a group of officers in riot gear attempting to pass them. Although Robertson - who had

been carrying the large stick - attempted to block or thwart the officers with the stick, it is

undisputed that Mr. Fracker had no stick or any other weapon at the time, and yielded as the

officers moved forward between the three men without touching any of the officers.

It is also undisputed that Mr. Fracker and Mr. Robertson then walked with the crowd up a

staircase and across a plaza to the entrance to the Capitol (with Mr. Fracker a few feet ahead of

Mr. Robertson), where they and many hundreds of other persons entered through doors that had

been forced open shortly before, and walked a short distance to the Statuary Hall in the Crypt

area of the Capitol. They remained in this area for about 20 minutes, chanting with the crowd and

taking selfie photos, then left the building, found the third of their party, and left Washington.

A few days later, upon learning that they had been identified by social media posts they

had both made and were both going to be arrested by the FBI, Mr. Fracker and Mr. Robertson

agreed to turn themselves in. Mr. Fracker traveled to Robertson’s house with his daughter so

Robertson’s wife could care for her while the men turned themselves in to the authorities. In Mr.

Robertson’s garage, Mr. Robertson told Mr. Fracker to give Robertson his cell phone, which Mr.

Robertson put in a box together with his own. When Mr. Fracker asked what he was going to do

-3-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 4 of 12

with them, Mr. Robertson said, “It’s better you don’t know.”1

While Mr. Fracker is ashamed and embarrassed of his activities in connection with the J6

events and its aftermath and is painfully aware of the magnitude of what he has done, it is

undisputed that, while at the Capitol, Mr. Fracker entered through an open door (albiet to the

sounds of alarms and a frenzied crowd, the smell of tear gas and plainly visible nearby broken

windows), never attempted to enter any private offices or the House or Senate Chambers, did not

personally break anything in the building or grounds, did not steal anything, and did not assault

any officers or other Capitol personnel. It is also undisputed that Mr. Fracker (through counsel)

sought from an early stage to take responsibility for his actions and sought for months to

negotiate a plea with the Government, and has done everything in his power to make up for his

actions connected with these events, including debriefing completely and honestly numerous

times with multiple prosecutors and FBI agents, testifying before Gand Juries, providing

1
While Mr. Robertson has claimed that it was actually Mr. Fracker who took and destroyed their
cell phones, this is simply not credible, and does not merit any serious discussion. As Mr. Fracker was
clearly the junior man and Mr. Robertson was his superior, mentor and “father figure,” it would be
completely out of character for that relationship for Mr. Fracker to have taken that action, undirected and
on his own. Mr. Fracker routinely sought out Mr. Robertson’s advice in most important matters of his
life. Mr. Fracker did what Mr. Robertson told him, and not the other way around. As the men were
storing their phones in Robertson’s garage prior to going in to be arrested so the phones would not be
seized, Mr. Robertson’s assertion would have meant Mr. Fracker would have had to return to the
Robertson garage later on his own and retrieve and dispose of the phones, which Mr. Robertson did not
claim to anyone. He also asserted that Mr. Fracker had “lied multiple times to the FBI” about this, yet he
would have had absolutely no knowledge of what Mr. Fracker said to the FBI, or how many times he
might have said it. Finally, and most importantly, Mr. Robertson sat and watched Mr. Fracker testify as
to this event fully under oath at his trial. Mr. Robertson was then free to likewise testify under oath and
refute this, if he wanted to. However he chose to sit silently and not dispute these facts at the time,
choosing instead to respond with his own alternative version of the facts in an unsworn sentencing letter
to the Court calling Mr. Fracker’s statements lies. It is curious how Robertson, a father figure, mentor
and commanding officer to Fracker, chose to throw his disciple under the bus and blame him for the two
most troubling of Mr. Robertson’s own actions (entering the Capitol and destroying the phones) when it
suited him, to try and manufacture any excuse for his own actions at the time of sentencing.

-4-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 5 of 12

continuing assistance to the Government in ongoing investigations, and testifying at Mr.

Robertson’s trial.

ARGUMENT

Application of Sentencing Factors Pursuant to 18 U.S.C. Section 3553(a) Support a

Sentence of Less than 15 Months.

A. Legal Standard

Congress has mandated that federal courts impose the least amount of imprisonment

necessary to accomplish the purposes of sentencing as set forth in 18 U.S.C. Section 3553(a). In

Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558 (2007), and Gall v. United States, 552

U.S. 38 (2007), the Supreme Court held that the Sentencing Guidelines are simply an advisory

tool to be considered alongside other statutory considerations set forth in 18 U.S.C. Section

3553(a). In two summary reversals, the Court further made clear that the Guidelines cannot be

used as a substitute for a sentencing court's independent determination of a just sentence based

upon consideration of the statutory sentencing factors. Nelson v. United States 129 S. Ct. 890

(2009), 2009 WL 160585 (Jan. 26, 2009); Spears v. United States, 129 S. Ct. 840 (2009), 2009

WL 129044 (Jan. 21, 2009). “Our cases do not allow a sentencing court to presume that a

sentence within the applicable Guidelines range is reasonable,” the Court held in Nelson. 2009

WL 160585, at *1. “The Guidelines are not only not mandatory on sentencing courts; they are

also not to be presumed reasonable.” Id. at *2 (emphasis in original). In other words, sentencing

courts commit legal error by using a Sentencing Guidelines range as a default to simply be

imposed unless a basis exists to impose a sentence outside that range.

-5-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 6 of 12

B. Section 3553(a) Factors

After calculating the Guidelines, a sentencing court must then consider that Guidelines

range, as well as the sentencing factors set forth in Section 3553(a), and determine a sentence that

is appropriate and reasonable for the individual defendant. Nelson, 555 U.S. at 351; see also

United States v. Hughes, 401 F.3d 540, 543 (4th Cir. 2005). Among the factors the Court must

consider are the nature and circumstances of the offense, the history and characteristics of the

defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote

respect for the law, to provide just punishment, to afford adequate deterrence to criminal conduct,

to protect the public from further crimes of the defendant, and to provide the defendant with

needed educational or vocational training, medical care, or other treatment in the most effective

manner. Mr. Fracker would urge the Court to consider that a sentence of a period of probation or

house arrest with community service would be adequate to address all these factors - especially in

the current situation, where Mr. Fracker’s life has already been so ill-affected by the fallout

resulting from his own actions.

i. Nature and circumstances of the offense.

Clearly, it cannot be argued that this was not a serious offense. As is plainly obvious, the

actions of the thousands of people who converged on Washington on January 6, 2021, over-ran

barriers set up around the Capitol building, resisted police efforts to contain them and entered the

Capitol building without authorization in an attempt to stop the legitimate certification of the

new president was not only a crime, but a danger to our society and the fabric of our democracy.

However, the government has not presented any evidence that Mr. Fracker planned in advance to

-6-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 7 of 12

enter the Capitol, and his statements under oath at the trial of his ex co-defendant made clear that

he came to Washington that day at the invitation of the co-defendant, Mr. Robertson, in order to

"see the president speak" and attend a rally. As he testified at Mr. Robertson’s trial, the idea of

actually invading the Capitol building was formed in the moments just prior to doing it, along

with the rest of the crowd.

Although Mr. Fracker is an adult and is of course responsible for his own actions, it is

undisputed that his actions were to a great extent the result of the influence of his mentor and

father figure, a man he loved, trusted and respected, and whom he believed from what he had

been told held the same values and had been through the same set of life-or-death military service

experiences as he had. He didn’t find out until just recently that Mr. Robertson had lied about

almost all of it. Mr. Fracker was the victim of Mr. Robertson’s lies more than anyone else,

because he truly lost the life and career that meant so much to him, due largely to Mr.

Robertson’s urging. However, Mr. Fracker was raised to believe in personal responsibility. He

realizes he is not before the court because Mr. Robertson twisted his arm, he is here because he

made decisions he should not have made, regardless of who encouraged him to do so. He is ready

to pay the penalty for those decisions.

With some glaring exceptions in January of 2021, Mr. Fracker has spent his entire life

trying to do the right thing. What goes hand-in-hand with spending one’s life trying to do the

right thing is the knowledge and understanding that there is a price to be paid for doing the wrong

thing. Mr. Fracker now stands before the Court ready to pay that price, whatever it is. However,

counsel would urge the Court to not let the actions of one day in an otherwise admirable and

courageous life wound this young man in a way that would prevent him from moving on.

-7-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 8 of 12

ii. History and Characteristics of the Defendant

Mr. Fracker was born into a military family. His father was on active duty in the US

Army until 2016. Although his parents divorced when he was approximately 5 years old, he

learned and absorbed the military service and the value-set associated with it at an early age. As

Mr. Fracker’s father wrote in a letter to this Court, “. . . (e)ver since he was a little boy, he has

wanted to be a soldier.” He participated in the Junior ROTC drill team and honor guard in high

school. He cut classes in high school on his 18th birthday so he could go to a military recruiter’s

office and enlist in the US Marine Corps, entering in October of 2010 and separating in October

2014. He served his country admirably in Afghanistan and in other foreign deployments. His

service includes deployments in the following locations: Marjah, Helmand Province Afghanistan

for area stabilization and counter insurgency operations (December 15, 2011 until July 7, 2012);

Camp Leatherneck where he conducted helicopter raids on local bomb manufacturers and opium

suppliers throughout the Southwestern part of Afghanistan (January 13, 2013 until May 1, 2013);

and Okinawa, Japan where he was part of a training force for the Royal Thai Marine Corps,

Malaysian Army Rangers and Airborne units, as well as Filipino Marine Corps (February 16,

2014 until August 8, 2014).( PSR, par 111).

He was wounded in action in Afghanistan and still carries bullet fragments in his body.

As Probation Officer Baker described in her report, after Mr. Fracker was injured in action in

2013. He was diagnosed with Post Traumatic Stress Disorder (PTSD), depression and anxiety,

for which he takes prescription medications. (PSR, Par 100). He has obtained treatment (and

continues to be treated) for these conditions at the Veterans Administration Medical Center in

Salem, Virginia.

-8-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 9 of 12

Following his honorable discharge from the Marine Corps he then enlisted in the US

Army National Guard Reserve in March of 2015, including active duty deployments overseas

from 2016 to 2017. He remained in the Army National Guard Reserve until being discharged

due to the instant case earlier this year (PSR, par 114).

Following his active duty military career, Mr. Fracker continued on his path of service to

community and country by joining his local police department. Mr. Fracker was a patrolman for

the Rocky Mount Police Department in Virginia from December 12, 2017 until he was

terminated for his involvement in the instant offense in January of 2021. (PSR, par 117). In fact,

up until the afternoon of January 6, 2021 Mr. Fracker had proven by his lifelong choices, his

actions and his dedication to his country and his community that he was on a path of honor and

service.

There is no question that Mr. Fracker made terrible choices in connection with the J6

activities, but it must be taken into consideration that 1) these choices and his activities on J6

were not made for personal gain, but because of a misguided false belief that his actions were

altruistic and for the good of the country, 2) these choices were made in large part due to the

influence of a mentor and father-figure he admired and trusted completely, and (like so many

hundreds of others) in some part due to getting carried away in the spirit of the moment that day,

3) he immediately turned himself in to authorities upon being told he was being charged, and 4)

he has done all he can do to make up for his actions by cooperating completely with the

government and assisting in the case against his co-defendant - at great personal cost, due to the

high regard in which his co-defendant Mr. Robertson was held in the local community and in the

social circle of police officers in which they both traveled..

-9-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 10 of 12

iii. Need for the Sentence Imposed to Reflect the Seriousness of the Offense, to
Promote Respect for the Law, to Provide Just Punishment, to Afford
Adequate Deterrence to Criminal Conduct, and to Protect the Public from
Further Crimes of the Defendant

Undersigned counsel would suggest a probationary or house arrest sentence with

community service would be appropriate in this situation. It is not an overstatement to say that

Mr. Fracker has been performing community service virtually continuously since the day he left

high school, up until this very brief aberration. He has already paid dearly for his actions. He has

lost forever the military and police careers to which he aspired his entire life and which gave him

a sense of purpose and identity. He has been drummed out of the military he gave so very much

to for many years (the Army Reserve has discharged him based on his conviction). He has lost

the respect of the community and his sense of belonging in a place he has always called home, in

which many people ON BOTH SIDES OF THE SPECTRUM now revile him - some for what

they perceive he did to his country on J6, and some for what they perceive he has NOW done to

his co-defendant, who is still held in high regard by many in that area. More important, he has

lost his sense of self-respect due to what he has done. Finally, in his mind perhaps the worst

result of this case is that he is terrified of losing the respect of his young daughter. She is too

young to be told of these events and understand why he is no longer a policeman, and he dreads

the day she is old enough to understand and he will have to explain to her what he has done.

Based on all of the above, it is entirely unlikely he will ever re-offend in any way in his

life. As a direct result of his poor decisions, he has lost most of what was important to him in his

life. In addition, far from his former life of respect and authority, Mr. Fracker is now employed

part time as a trainer in a health club. Even without incarceration, his fall from grace due to his

-10-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 11 of 12

actions serves not just as an “adequate” deterrence to criminal conduct, but an abject lesson to

anyone who would ever consider similar actions in the future.

In this very unique situation, a probationary sentence is sufficient to reflect the

seriousness of the offense, to promote respect for the law, to provide just punishment, to afford

adequate deterrence to criminal conduct, and to protect the public from further crimes.

Clearly Mr. Fracker will not recidivate. First and foremost, even without having served

one day in jail, for the reasons related above the price he has already paid for his actions has been

much too dear. Second, he will have to find a substitute for the life of service that he planned out

so carefully, which will no longer be possible for him due to his criminal record.

Finally, and most importantly, the proof that Mr. Fracker will not recidivate is obvious in

the fact that he has truly taken responsibility for his own actions. He has done all he possibly

could to make up for his actions and show the Court he is truly sorry for his actions. He realizes

he has already lost so much that he valued in his life, and he stands to lose everything else that he

values in his life if he is ever again involved with similar activities or other illegal acts. He is

ready to accept that and start over on an entirely different level, with different expectations.

CONCLUSION

Mr. Fracker agrees with the PSR's assessment that the properly calculated advisory

Guidelines range is 15 to 21 months. However, Mr. Fracker respectfully requests a sentence of a

combination of house arrest, probation and community service, for the reasons set out above.

-11-
 Case 1:21-cr-00034-CRC Document 129 Filed 08/09/22 Page 12 of 12

Respectfully submitted,
JACOB MALONE FRACKER
By Counsel,
Respectfully submitted,

/s/
___________________________________
Bernard F. Crane (D.C. Bar #386978)
10521 Judicial Drive, Suite 105
Fairfax, Virginia 22030
202 429-2900
Email: [email protected]

CERTIFICATE OF SERVICE

I hereby certify that on the 9th day of August, 2022, I will electronically file the foregoing
with the Clerk of court using the CM/ECF system. which will then send a notification of such
filing (NEF) to the following:

Elizabeth Aloi, Esquire AUSA

Resa Berkower, Esquire, AUSA
United States Attorney's Office
601 D Street, NW
Washington, DC 200

ATTACHMENTS:

Jacob Fracker, letter to Court

Laura Price letter (defendnat’s mother)
Roger Fracker letter (defendant’s father)
John Fracker letter (defendant’s brother)_

-12-
Case 1:21-cr-00034-CRC Document 129-1 Filed 08/09/22 Page 1 of 2
Case 1:21-cr-00034-CRC Document 129-1 Filed 08/09/22 Page 2 of 2
 Case 1:21-cr-00034-CRC Document 129-2 Filed 08/09/22 Page 1 of 4

Your Honor,

I would first like to take the time to thank you for your welcoming demenor and respectful
words towards me for my duration in your court room. You helped make what was an already terrifying
and uncomfortable new experience for me, less stressful. I would like to take this oppurtunity to
possibly tell you about myself and my life thus far in hopes you will judge me based on the actions of my
life, and not the actions of one day. I would like to point out first and foremost, I know and accept my
consequences for my actions leading to my charges and conviction. And as you heard me tell the court, I
am ashamed of the actions I chose to display the day of the cause of all of this. Never in my life have I
been the one in the crowd of disorder and mayhem, but rather the peace keeper.

I first enlisted into the United States Marine Corps on my 18th birthday, skipping school to do
so. Much to my mother's displeasure, there was only one job I had in mind, Infantry. I completed boot
camp on Parris Island SC in Platoon 2002 Echo Company and then proceeded to infantry school at Camp
Geiger School Of Infantry East. I was living my dream. Assigned to my first unit Echo Company 2nd
Battalion 9th Marines, I deployed twice to Afghanistan. The first deployment I spent 7 months living in a
mud hut, conducting combat operations and patrols, as an automatic rifleman. I truly was the person
that I, as a kid, wanted to be. Seeing some combat, I returned home a different man. The sounds and
smells failed to stay over there, as well as the memories of things civilized humans aren't accustomed to.
But I pressed on. My unit was then re deployed to Afghanistan 6 months later, where we would perform
Helicopter Interdiction all across South West Afghanistan. This deployment was the one to test me as a
man, and a Marine. The majority of combat I have experienced was on this deployment. Over there, I
mattered. I was someone who could make a difference. Whether it was disarming a bomb that
threatened the lives of over 20 women and children, or putting myself between my young Lieutenant
and the enemy so he could get us the help we needed over the radio while I took the fight to the enemy.
It was during that specific event, an enemy bullet snapped into a rock directly in front of me, leaving my
legs filled with shrapnel, which I later tended to myself, as I was afraid of being sent home if anyone
higher up found out.

Upon returning home, my first wife was waiting eagerly for me. But it seemed my mind was still
across the ocean, fighting in the desert. This ultimately lead to us divorcing during my third deployment,
which took me to South East Asia during a foreign military training mission. Sleepless nights and the
echoes of gunfire stayed in my ears as I simply existed once getting out of active service. I returned
home and had a very hard time keeping a steady job, let alone a decent one. Fast forward 6 months, the
Virginia Army National Guard accepted me and I enlisted once again. I enlisted a total of 3 times while in
the Guard, with one deployment to Qatar on a base security mission. Although this deployment I saw no
combat, I still felt the presence of my prior experiences in the back of my head. I returned home from
that deployment, to my 2nd wife and our amazing daughter, Serenity. Serenity had been only 6 months
old when I deployed, and was a year and a half upon my return. It was something I had never
 Case 1:21-cr-00034-CRC Document 129-2 Filed 08/09/22 Page 2 of 4

experienced before. What I felt being away from her for that amount of time, was unfathomable. I
genuinely got a tight chest becuase I would miss her so much. I think it's then that I knew my new
purpose in life. Being the best dad to the most wonderful daughter. And I must say, it's absolutely
without a doubt my favorite thing about my life so far. As she got older, I knew that I needed to do more
to ensure not only her safety, but the safety of the community she would grow up in. This started my
career in law enforcement. Aside from being an Infantry Marine, this truly was my dream job. I loved
everything about it, and I tried to break the negative stigma most of the community seemed to have.
Never once was I reprimanded for my performance of my duties, and actually received quite a few calls
to my higher ups commending my actions.

During my career as a Police Officer I became a Sniper for the department. As I was already
operating as a Sniper for the National Guard, the position and training came naturally to me. I also
became a K9 officer towards the abrupt end of my career, which I thoroughly enjoyed. Being a police
officer was everything to me because I knew I was making a difference for my daughter and for our
community. But as with any job that entails getting down and dirty, the bad days caught up to me. The
sleepless nights got worse, as did my temperment. It took the act of 2 great friends, both prior military
as well, to sit me down and tell me I needed help. I am a very proud person, and I am me every day, so I
don't acknowledge anything that seems to be off with me. I do what I was trained to do, and that is to
keep pushing on. I finally started receiving help I desperately needed from the VA. Which would later
diagnose me with PTSD, depression, hyper vigilance, anxiety, and other combat and military related
injuries and stressors. All together, it has earned me a 90% disability rating. I am happy to say, between
the treatments, medicine, and regular visits, and undying support of my family, I can finally say that I
feel like a normal man again.

My wife Maria is now the bread winner for the household. Given her position where she is
employed, it is up to me to play the "stay at home Dad" role. At first, I was very resistant to the fact of
not being the provider, merely staying home to take our daughter to school and then pick her up and
tend to her while my wife worked. The whole lifestyle was so foreign to me, adjusting to it was
extremely difficult. But, as the time went on, and I realized I had an abundance of time with my
daughter and also the free time I needed to decompress my mental health, I started thriving. I began
working out regularly and went on to become certified in personal training. I get to help others again
who need it, and it is truly fulfilling. I take on these additonal roles and tasks while my daughter is at
school, and then later at Karate during their after school program. I then pick her up and make her
dinner and play with her and listen to all of her silly stories and jokes until bed time. She truly is my best
friend in the world. When she's not in school, we spend every waking moment together and I honestly
wouldn't want it any other way. She is 6 years old and already twice as smart as I will ever hope to be.
She is also magnificantly talented when it comes to almost anything she puts her mind to. She insisted
on taking karate classes this past year, and I think she immedietly blew everyone's expectations out of
the water by being placed in a class above for her age group and advancing two belts in an unheard of
amount of time. She truly is the most amazing kid any parent could ask for and makes me
unapologetically proud to be the one she calls Dad.
 Case 1:21-cr-00034-CRC Document 129-2 Filed 08/09/22 Page 3 of 4

My part during J6 was of course no one's fault but my own. I am a grown man and as such, no
one forced me to perform a certain way that day and I also know that means answering the
consequences to one's actions. I have never been one to speak out politically, one way or the other, or
even try to make a fuss over who's beliefs are right and wrong. I feel that as an actual through and
through red blooded American, everyone is entitled to their opinion, so much so that I willingly signed
up to protect that very right. I believed that day what I and the other's in the crowd, to include TJ
Robertson, was truly patriotic and a noble cause. The loyalty and sense of needing to prove myself to TJ
was truly overwhelming. The chaotic environment and the chants from the crowd did nothing but hype
me up and spin me into a sense of adrenaline fueled bad decisions. I ultimately blame the mixture of
proving something and the momentum of the events that happened while I was in attendance was the
cause of my shameful behavior. I would like to make expressly clear that I do not blame TJ Robertson for
my actions.

In all honesty, testifying against TJ was beyong uncomfortable for me. Terrifying almost. Not
only the fact that I was speaking against a once valued father figure to me, but also knowing the
community outlash I would definitely encounter back home. TJ is a well known figure in our community,
and there is without a doubt a great mixture of feelings towards not only my testifying, but also the
events from J6. As some friends, and members of the community still support and empathize with me,
there are also those who detest and despise the choices I have made. "Rat, Snitch, Back Stabber,Racist,
Terrorist..." to name a few of the terms I've heard in passing around my community. I have never been
one to give any thought to such childish insults, but I must say that when those words come from those I
held near and dear to my heart... it really is just heart breaking. I do understand now that the caliber of
people with those thoughts probably never actually had my best intentions at heart anyway, and with
that knowledge I am somewhat at ease. I thought the death threats and rape threats to not only me and
my family during pre trial were just jabs at my morale, which honestly didn't affect me at all, aside the
ones directed at members of my family. Some that still happen to this day. But I digress, those threats
were a mute point compared to the ones from my former "friends" and members of my community.

Given the oppurtunity to continue to serve would be more than a God send, as I know it in my
heart to be my true calling in life aside from fatherhood. I understand that however, is impossible with
my actions and the consequences associated with them. So I will re assert myself into a life of doing
good and protecting those around me and those I love, and avoiding aggregious and illegal behavior to
the very best of my capabilities as a law abiding American citizen. I shall seek to improve not only myself
but my family and, if possible, the community in which I reside, as best I can.

I have seen war, experienced great loss, been shot at and rocketed, cursed at, spit on, and worse
all for the sake of my country and family. And yet in return, all I have ever wanted for those in my life
and around me, is peace. I chose to carry those burdens so that others would not have to, whatever
small difference it may have made. There are not many things in my life I regret, but my actions on
January 6th 2021 is and always will be the most regretful. Hopefully this letter has painted a picture of
me as a whole person and that you see me for who I actually am, and not who I was on a dark day out
of the countless bright ones in my life so far. Thank you so much for taking the time to read this and just
know, I really do appreciate you and what you are doing.
Case 1:21-cr-00034-CRC Document 129-2 Filed 08/09/22 Page 4 of 4

Very Respectfully,

Jacob M. Fracker
 Case 1:21-cr-00034-CRC Document 129-3 Filed 08/09/22 Page 1 of 1

August 07, 2022

Honorable Judge Cooper

Roger C. Fracker
623 Joan Circle
Salem, VA 24153
540-908-7393
[email protected]

SUBJECT: Jacob (Jake) M. Fracker

Dear Honorable Judge Cooper,

The purpose of this letter is to request leniency on Jake’s sentencing.

As Jake’s father, an outsider looking in on this situation, I feel Jake is genuinely remorseful, and
has learned a hard but valuable lesson. Due to his actions on January 6th, 2021, he lost his job as
an Law Enforcement Officer, a profession he absolutely loved. He is no longer in good standing
with the Virginia Army National Guard and they are in the process of discharging him. Ever
since he was a little boy, he has wanted to be a soldier. He is devastated to be discharged in this
manner. He took great pride in being a soldier and serving his country. Jake served his country
with honor in the USMC. During a firefight in Afghanistan, he shielded his Platoon Leader from
enemy fire, possibly saving the Lieutenant’s life, and Jake himself received shrapnel wounds.
That action alone speaks volumes of his character.

I feel Jake would not be in this situation were it not for the negative influence of his police
supervisor. Jake made the decision to right a wrong, as best he could under his control, by
holding up his end of the plea bargain by testifying against the other officer, and complying with
the government’s request. I hope and pray that you are under the same opinion as I, Jake’s
remaining punishment is not deserving of a prison sentence.

Sincerely,

Roger Fracker
 Case 1:21-cr-00034-CRC Document 129-4 Filed 08/09/22 Page 1 of 1

For: The Honorable Judge Cooper August 4, 2022

1. I offer my highest admirations for the character of Jacob Fracker. As he is appearing before you
this month, I would like to bring to your attention the true character of my brother as I know it to
be true.

2. Jacob Fracker has unlimited future potential, and I am confident that once this situation is
behind him that he will continue to perform and excel in whatever he puts his hand too. He
exemplifies the traditional values and characteristics we look for in the U.S. Army. Of the army
values loyalty is the first army value. My brother has never cared about politics, and I have
never seen him riled by any form of political movement. What my brother does know and care
about is the man to his left and right. Working for the Rocky Mount Police Department my
brother spent many hours with his superior and Team Leader who has openly admitted to
getting spun up into the conspiracies leading up to January 6th. My brother has on multiple
occasions in his life had the backs and supported his peers and superiors in combat in
Afghanistan and on the streets of Rocky Mount. He routinely has demonstrated leadership,
sound mature judgment, flexibility, tactical proficiency, and the ability to operate as a leader
among men outside of the police force however still being a new officer on the force it is unlikely
for many new to that environment to question the decision of a superior you trust your life with.

3. I have never known my brother to back out of a bad situation when peers, superiors, friends
who are also going through that same situation. He is loyal to a fault. This I know to be true.
Duty, Respect, Selfless Service, Honor, Integrity, and personal courage are the rest of the
army values. Jacob has all these qualities and while the nation may feel differently, my brother
has proven himself to love this nation and his community, and if given the opportunity would
not waste another chance to redeem his name and character in the eyes of this nation. I am
confident Jacob Fracker will demonstrate to you that he has been punished enough and that
you will only see good come from this experience from this young man.

4. If further information is required, I may be reached at [email protected] or at (540)

525-7279.

Digitally signed by
FRACKER.JOHN.MICHAEL.1045
881462
Date: 2022.08.04 15:09:27 -04'00'

SFC JOHN M. FRACKER