Randy Yohe Published

Former W.Va. Delegate Faces Jan. 6th U.S. Capitol Riot Sentencing


A former West Virginia House of Delegates member faces sentencing on Wednesday for illegally entering the U.S. Capitol on Jan. 6, 2021.

Derrick Evans had just been sworn in as a delegate from Wayne County when he traveled to Washington, D.C, on January 6th, riding a “Stop the Steal” bus that left from Burlington, Ohio, just across the Ohio River from Huntington.

According to court documents, “On Jan. 6, Evans made his way to the east side of the Capitol, where he observed the crowd greatly grow in size. At about 1:45 p.m., he saw and video-recorded rioters overwhelming law enforcement and breaching the barriers blocking the East Plaza. He followed the crowd toward the Capitol building, going to the East Rotunda doors.”

Prosecutors say the helmet-wearing Evans stormed the Capitol and promoted the riot by streaming social media video of the activity.

From court documents: “In a video that Evans live-streamed to his public Facebook account and later deleted, he was approximately 20 feet away from the Rotunda Doors before they were breached. He narrated what he saw and heard, making remarks such as ‘Here we go! Here we go! Open the doors,’ and ‘The door’s cracked We’re goin’ in!’ Once he made it through the doors, Evans exclaimed, ‘We’re in! Derrick Evans is in the Capitol!’ Evans entered the Capitol at approximately 2:40 p.m. He walked through the Rotunda and Statuary Hall and left the building approximately 10 minutes later.”

Evans’ attorney, Paul Taylor, told prosecutors his client’s video recording suggests a certain naivete and a lack of experience, wisdom or judgment

rather than primarily criminal intent. Prosecutors said his decision to enter the capitol was deliberate and showed flagrant disrespect for the law.

Evans resigned from the House of Delegates under pressure and pleaded guilty to a felony civil disorder charge. His sentencing is set for 2:30 Wednesday in the U.S. District Court for the District of Columbia. Evans will participate remotely from West Virginia.

Federal prosecutors are seeking three months jail time, three years supervised release and $2,000 in restitution.

Evans’ attorney requests no jail time, restitution and probation.

His submission to the judge regarding his sentencing offers numerous leniency pleas from family and friends.

Evans said he hired a media agent to schedule all the local, state and national interview requests. He plans to give those interviews after the sentencing.