Derrick Evans Story Archives - West Virginia Public Broadcasting

Former W.Va. Lawmaker Gets 3 Months In Jan. 6 Riot

A former West Virginia lawmaker who livestreamed himself on Facebook storming the U.S. Capitol and cheering on what he described as a “revolution” was sentenced Wednesday to three months in prison.

Derrick Evans, 37, who pleaded guilty to a felony civil disorder charge, told the judge that he regrets his actions every day and is a “good person who unfortunately was caught up in a moment.”

“I will forever bear the reminder that I made a crucial mistake. I’ve let down myself, I’ve let down my community and most importantly I’ve let down my family,” Evans told the judge.

The Republican from Prichard, West Virginia, was sworn in as a member of the state’s House of Delegates just weeks before the Jan. 6, 2021, riot that halted the certification of President Joe Biden’s victory and left more than 100 police officers injured. Evans was arrested two days after the riot and promptly resigned a month before the start of the legislative session, so he never served a day in the legislature.

Prosecutors had sought the three months behind bars, describing Evans as a leader in the riot who escalated the chaos at the Capitol by enthusiastically egging on the rioters around him.

U.S. District Judge Royce Lamberth told Evans said time behind bars was necessary to reflect the seriousness of Evans’ actions and help prevent something like the riot from ever happening again.

“I can’t just give you probation in a case like this. It doesn’t reflect the feelings of the community. It doesn’t reflect the feelings of the country about what happened that day,” Lamberth said.

“I don’t want another riot the next election. I don’t want this to happen again, so I’m going to do what I can,” the judge added.

In the days leading up to the riot, Evans told his 30,000 Facebook followers to “Fight For Trump” in the nation’s capital, according to court documents. On the day of the riot, he skipped then- President Donald Trump’s speech and went straight to the Capitol, where he used his cellphone to record the melee for more than an hour, prosecutors said.

In a since-deleted cell phone video that was widely shared online, Evans gleefully narrated the riot for his Facebook followers, cheered on the crowd and fist bumped rioters as he and the rest of the mob swarmed the Capitol and jammed inside.

“Guys, oh my gosh, I can’t even explain what is happening right now, how amazing this is to see in person. I am in awe. The revolution has started. The revolution has started!” he said, according to court documents.

After pushing inside the Capitol, he shouted: “We’re in! Derrick Evans is in the Capitol!”

About 15 minutes after leaving the building, he texted a friend to ask if he should delete the video “so there’s no evidence” of his actions, court records show.

“Even while he was filming the livestream he knew what was happening around him was not lawful,” Assistant U.S. Attorney Kathryn Fifield told the judge, noting that at one point Evans speculated that Trump would “pardon anybody who gets arrested” for going in the Capitol.

Evans’ attorney urged the judge for probation, noting that the former lawmaker didn’t engage in any violence or destruction and was heard on the video urging others not to do so. Attorney Paul Taylor argued in court documents the video suggests “a certain naivete” and “lack of experience, wisdom or judgement rather than primarily criminal intent.”

Evans, a former teacher and football coach, is among more than 300 people who have pleaded guilty in connection to the riot. Defendants have admitted to crimes ranging from misdemeanors to felony seditious conspiracy.

Sentences have ranged from probation for those who admitted to petty offenses to more than five years in prison for a man who attacked police officers working to hold back the angry mob.

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

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.

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

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.

Grand Jury Tacks On Felony Obstruction Charge For Former W.Va. Lawmaker Involved in Jan. 6 Riots

Federal prosecutors have tacked on a felony charge for former West Virginia lawmaker Derrick Evans for his involvement in the Jan. 6 riots at the U.S. Capitol.

In a Thursday court filing, a federal grand jury added one count of obstructing an official proceeding. If convicted, Evans would face prison time.

He had already been charged with four misdemeanors, including entering a restricted building, disorderly conduct, violent entry and demonstrating in a Capitol building.

In May, Evans pleaded not guilty to the original charges.

According to the original indictment, prosecutors identified Evans through social media posts in which he livestreamed himself entering the Capitol building alongside hundreds of other pro-Trump extremists.

Following his arrest just days after the riot, Evans resigned from the West Virginia House of Delegates before ever serving.

Evans Pleads Not Guilty In Capitol Riot Charges

In a hearing Wednesday, former West Virginia House of Delegates member Derrick Evans, pleaded not guilty for his alleged role in the Jan. 6 Capitol insurrection.

Evans, who entered his plea in Washington, D.C. in front of U.S. District Judge Royce Lamberth, faces four federal misdemeanor charges. They include: entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, violent entry and disorderly conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.

Just days after live-streaming himself entering the Capitol, Evans resigned his seat in the West Virginia Legislature. He never served a day.

After the not guilty plea, Evan’s lawyer acknowledged that his client is in talks with prosecutors about a plea deal. Lamberth set a status conference for June 25 to see where those talks go.

Other West Virginians facing charges in the Capitol Riot include Morgantown sandwich store owner George Tanios, former Parkersburg Councilman Eric Barber, and college senior Gracyn Courtright of Hurricane.

New Charges Added For Former W.Va. Lawmaker Involved In Jan. 6 U.S. Capitol Riots

Federal authorities have tacked on additional charges for a former West Virginia lawmaker involved in the Jan. 6 riots at the U.S. Capitol.

According to a federal information filed Monday, 36-year-old Derrick Evans, of Wayne County, now faces four counts. Charges include entering a restricted building, disorderly conduct, violent entry and demonstrating in a Capitol building.

Prior to Monday’s filing, Evans had only faced the first two charges.

An information is similar to an indictment, but typically indicates that a suspect is cooperating with investigators.

Evans was one of thousands of supporters of then-President Donald Trump who gathered on Capitol Hill to protest the results of the 2020 presidential election. At the time of the breach of the Capitol, lawmakers were certifying each state’s election results, thus declaring Joe Biden the winner.

In initial charging documents, federal officials said Evans live-streamed video of himself with a large group of protestors entering the Capitol.

“We’re in! We’re in! Derrick Evans is in the Capitol,” he says at one point during the video.

The Facebook page where Evans live-streamed his role in the insurrection has since been deleted, although copies of the video are widely available online.

In a separate Facebook post on the night of Jan. 6, Evans wrote that he did not have “negative interactions” with law enforcement and said he did not participate in “any destruction that may have occurred.”

He wrote that he was in D.C. “as an independent member of the media to film history.”

Evans is among other West Virginians charged for taking part in the violence on Capitol Hill.

George Tanios, of Morgantown, has pleaded not guilty to assault on a U.S. Capitol police officer. Former Parkersburg City Councilman Eric Barber has also pleaded not guilty to three counts related to entering the capitol building. Gracyn Courtright, a University of Kentucky student from Hurricane, pleaded not guilty for her role in the events. Jeffery Finley, of Martinsburg, was charged last month with entering a restricted building and disorderly conduct.

Just days after Jan. 6 — and before serving in the West Virginia Legislature — Evans resigned from his seat in the House of Delegates that he first won in the 2020 general election. In a Jan. 9 resignation letter to House Speaker Roger Hanshaw, R-Clay, Evans said he took responsibility for his role in the events at the U.S. Capitol.

“I hope this action I take today can remove any cloud of distraction from the state Legislature, so my colleagues can get to work in earnest building a brighter future for our state,” Evans wrote. “And more importantly, I hope it helps to begin the healing process, so we can all move forward and come together as ‘One Nation, Under God.’”

Correction: An earlier version of this story misstated Evans’ age as 35, not 36. That error has been corrected.

More Than A Dozen Lawmakers Joined Crowds On Day Of Capitol Riot

A second Republican lawmaker from West Virginia who marched to the U.S. Capitol to support overturning Democrat Joe Biden’s presidential win said in a radio interview Monday that he hopes President Donald Trump “calls us back.”

State Sen. Mike Azinger told the broadcast outlet that the crowds loyal to Trump were “inspiring and patriotic.”

“I think the president laid out the point of the mission,” he added, speaking to West Virginia Metro News. “It was to pressure the Republican congressmen to challenge the electoral votes.”

Azinger was among more than a dozen lawmakers from at least nine states that joined crowds that descended on Washington last Wednesday to back the baseless claim that the election was stolen. Only one lawmaker was known to have gotten inside the Capitol and since was charged with a crime and resigned. Others have said they participated peacefully.

It was unclear how far Azinger had proceeded in the march to the Capitol grounds that day. Yet he called the scene at the Capitol “peaceful” and described seeing flag-waving crowds and people seated on the Capitol steps, far beyond the original security perimeter that was quickly overrun by rioters.

“Our president called us to D.C.,” said Azinger, who did not return an email seeking comment. “I hope he calls us back.”

The FBI is warning of the threat of armed protests at all 50 state capitals and in Washington in the days leading up to President-elect Joe Biden’s Jan. 20 inauguration, prompting heightened security.

“I hope and pray that West Virginians have good judgement in what they do,” Republican West Virginia Gov. Jim Justice said about the potential for violence at protests outside his own statehouse. “I’m sure there will be (a) heightened alert.”

In northern Virginia, two Loudoun County officials called Monday for Republican state Del. Dave LaRock to resign for joining the crowds last Wednesday in Washington. LaRock last week said the demonstrators were peaceful save for “a small element who likely infiltrated this patriotic group for the purpose of inciting violence.”

He and two other Virginia Republican lawmakers had sent a letter last Tuesday to Vice President Mike Pence asking him to nullify the presidential election results in Virginia, a state Biden won by 10 percentage points.

Elsewhere, incoming Republican Colorado state Rep. Ron Hanks told a local radio station last week that he arrived for Trump’s rally at the Ellipse outside the White House early that Wednesday morning of the violence. The president used the occasion to urge supporters to “fight like hell.”

Hanks said he marched with supporters to the U.S. Capitol afterward. “I was a little surprised to see people already on the scaffolding, with the Trump flag, and so forth,” he told Heart of the Rockies Radio.

“From the standpoint of the violence, two of us went around to the back of building, which is where the next meeting was supposed to form up,” he said, “and by that time people had already entered the building.”

Azinger blamed far-left elements on social media for distorting what was “a quintessentially American” display of the First Amendment on Jan. 6. The Associated Press has reported that more than 120 people either facing criminal charges or who were identified at the riots are fervent Trump fans, not left-wing activists.

“I’ve got people on Facebook, sending a picture of me with my boys outside the Capitol. They’re sending it to the FBI to try to get me put in handcuffs,” Azinger said, without elaborating.

West Virginia state Del. Derrick Evans resigned last Saturday, a day after federal prosecutors charged him with entering the U.S. Capitol. He had livestreamed himself with a mob of Trump supporters. His resignation letter said he took full responsibility for his actions and that he regretted “any hurt, pain or embarrassment I may have caused.”

If convicted, he faces up to a year and a half in federal prison for two misdemeanor charges of entering a restricted area and disorderly conduct.