ROCKY MOUNT, Va. (WFXR) — The two former Rocky Mount police officers accused of participating in the U.S. Capitol riots on Jan. 6 had a hearing Tuesday morning in federal court to discuss a potential plea deal.

The judge in the case wanted to know if Thomas Robertson and Jacob Fracker intended to accept a plea deal offered by federal prosecutors. However, as of Tuesday, Aug. 17, neither officer has accepted the deal.

Mark Rollins, the attorney for Robertson, rejected the deal and has requested a trial date be set instead.

Meanwhile, Fracker’s attorney, Bernard Crane, said they could not accept or reject the offer because they had not received it.

Federal prosecutors said they are still going through all the evidence in the discovery portion of the trial.  According to prosecutors, they have thousands of hours of video tape to go through and ended up asking for more time to do it.

Prosecutors also said they need more time to investigate claims by Fracker that Capitol Police allowed them into the Capitol building.

The judge asked if the plea deal made by federal prosecutors was the final offer to the men, but the prosecutors said they are still discussing more options on further plea deals.

Even though the defense attorneys requested a trial date be set, the judge instead said he would give prosecutors more time for the discovery process. 

The judge set another hearing for an update at 3 p.m. on Sept. 23.

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