Prosecutors filed a motion last week seeking to revoke the bail of Thomas Robertson, a former Virginia cop facing charges for storming the Capitol. They argued that he violated the terms of his release after the FBI found out he had secretly amassed an arsenal of 34 firearms.
Robertson was granted pretrial released by Judge G. Michael Harvey shortly after he was arrested in January with some conditions including a ban on owning a firearm. Four days after he was released, a search of his home uncovered eight firearms.
He was given a second chance by the judge who warned him again “not to possess a firearm, destructive device, or other dangerous weapon.”
But, prosecutors argued that he violated the terms of his release when he purchased 34 firearms online and hundreds of rounds of armor-piercing ammunition, making it the second time he violated the terms of his release in a span of six months.
“Defendant Robertson’s extensive and flagrant violations of the terms of his release order, including numerous violations of the federal firearms laws, strongly support revocation of his pretrial release in this case,” the motion read. “This conduct, coupled with his calls for future violence, shows that no condition or combination of conditions can adequately protect the public from the defendant, and warrants immediate action by the court through the issuance of an arrest warrant.”
According to the Daily Beast, Robertson’s attorney Mark Rollins responded to the prosecutors’ motion on Sunday by arguing that his client could not possibly violate his pretrial release conditions because the “antique gun lover” never had any of the guns in his possession and the government should have been clearer about the guidelines.
“Ordering guns does not equate to possession,” Rollins argued. “Mr Robertson did not ship or transport these items. This matter could be solve by adding the words to the pretrial release conditions that ‘Mr Robertson may not personally order, touch, ship or transport firearms.”
“He is a proud veteran who loves his country.” Rollins continued. “Mr Roberson was an antique gun lover, served his country honorably, and the gun he allegedly purchased but did not possess were antique guns from World War II era.”
In February, the FBI found out that Robertson began buying firearms and ammunition online and having them shipped on his behalf to a gun store in Roanoke, Virginia. Agents subsequently obtained a search warrant on Robertson’s email and Venmo accounts, which turned up multiple messages and transactions appearing to involve the purchase of firearms including one that he paid for via Venmo under the description “Wedding Photos.”
The FBI executed a second search warrant on Robertson’s home on June 29 and found “an arsenal of 34 firearms… a loaded M4 rifle, ammunition, and a partially assembled pipe bomb,” agents also found a box labeled “Booby Trap” that contained “a metal pipe with two ends caps, with a fuse inserted into a hole that had been drilled into the device; epoxy had been used around the sides of the fuse to secure it,” the prosecutors’ motion states.
In his motion, Rollins said the “the Government failed to state that the box had additional language on it. Specifically, the additional words ‘ALERRT kits, props, and booby traps Sims.'” He said the “partially assembled pipe” is not “a destructive device” but a teaching aid.
“Mr. Robertson was a level II instructor for ALERRT.” Rollins wrote. “This pipe is not active it is a prob for teaching.”
He is due back in court on August 3 at 10 a.m. by video conference.
Robertson was a sergeant at the Rocky Mount Police Department in Virginia before he was fired for his role in the deadly riot. He has been charged with obstruction of an official proceeding, aiding and abetting, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in the Capitol building. He has pleaded not guilty.
