Derrick Evans Resigns From West Virginia House After Being Charged For His Role In U.S. Capitol Insurrection

Derrick Evans, a newly elected West Virginia state lawmaker, has resigned before serving a single day in the West Virginia House of Delegates.

The 35-year-old from Wayne County was one of hundreds of pro-Trump extremists who stormed the U.S. Capitol and disrupted Congress during the certification of state election results that solidified Democrat Joe Biden as winner of the 2020 presidential election.

He submitted a one-sentence letter of resignation to the office of Gov. Jim Justice.

“I hereby resign as a member of the West Virginia House of Delegates, effectively immediately,” he wrote.

A spokesperson for the office of House Speaker Roger Hanshaw also provided a statement from Evans that accompanied the letter.

“The past few days have certainly been a difficult time for my family, colleagues and myself, so I feel it’s best at this point to resign my seat in the House and focus on my personal situation and those I love,” Evans said.

“I take full responsibility for my actions, and deeply regret any hurt, pain or embarrassment I may have caused my family, friends, constituents and fellow West Virginians. 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. 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.’”

 

On Friday, Evans was charged with entering a restricted area and disorderly conduct during the insurrection on the capitol.

Charging documents note that Evans was identified through video he live streamed on his Facebook page, as well as his voice in the video, which federal officials compared to a campaign video that Evans had earlier posted to the same page.

At one point in the video, Evans identifies himself as he made his way into the capitol building.

“We’re In! We’re In! Derrick Evans is in the Capitol!”

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.

Del. Derrick Evans Charged With Entering A Restricted Area In Storming Of U.S. Capitol

Updated: Friday, Jan. 8, 2021 at 5:40 p.m.

Derrick Evans, a newly elected member of the West Virginia House of Delegates, has been charged with entering a restricted area and disorderly conduct for his role Wednesday in the storming of the U.S. Capitol.

Federal officials involved in the case say they were able to identify Evans, a Republican from Wayne County, through video he streamed of Wednesday’s events that was posted on social media before later being deleted.

Evans was one of hundreds of pro-Trump extremists who stormed the U.S. Capitol and disrupted the Congressional certification of state election results that solidified Democrat Joe Biden as winner of the 2020 presidential election.

Charging documents associated with the case against Evans were released Friday afternoon.

The documents list two charges: “Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority” and “Violent Entry and Disorderly Conduct on Capitol Grounds.”

The complaint alleges that “Evans traveled to Washington, D.C., and knowingly and willfully joined and encouraged a crowd of individuals who forcibly entered the U.S. Capitol and impeded, disrupted and disturbed the orderly conduct of business by the United States House of Representatives and the United States Senate.”

The complaint also notes that Evans was identified through video he live streamed on his Facebook page, as well as his voice in the video, which federal officials compared to a campaign video that Evans had earlier posted to the same page.

“We’re in! We’re in! Derrick Evans is in the Capitol!” he can be heard as saying at one point on the video.

The Facebook page where Evans live-streamed his role in the insurrection has since been deleted.

 

WSAZ-TV reported Friday afternoon that Evans had been taken into custody.

John Bryan, an attorney representing Evans, released a statement Thursday arguing his client did nothing illegal and was at the Capitol as an independent member of the media to film history.

“Given the sheer size of the group walking in, Evans had no choice but to enter,” Bryan wrote in the statement. “Evans continued to film once inside. His footage showed that members of the public were already inside the Capitol by the time he entered. Evans’ footage shows no riotous behavior taking place at that time. Protesters can be seen calmly walking around.”

Contacted by West Virginia Public Broadcasting Friday afternoon, soon after the charges against Evans were announced, Bryan said he had not seen a copy of the complaint.

State lawmakers of both political parties have called for Evans’ resignation or his expulsion from his seat in the House of Delegates.

Del. Doug Skaff, D-Kanawha, noted in a letter to House Speaker Roger Hanshaw, R-Clay, that members of the House must swear an oath to uphold the constitutions of the United States and West Virginia.

“His actions unequivocally disqualify him from holding public office in this state and make him ineligible to be seated as a member of the West Virginia House of Delegates,” Skaff wrote.

A spokesperson for Hanshaw noted that a provision in the West Virginia Constitution allows for the punishment of a member — including expulsion — but would require a vote from the full House.

However, Evans’ attorney said the as-of-yet-seated lawmaker will not resign from his office.

The West Virginia Legislature is set to convene for an organizational session on Wednesday, Jan. 13, which is the earliest any potential action against Evans might take place.

Newly Elected Del. Derrick Evans Live-Streams Storming Of U.S. Capitol

A newly elected member of the West Virginia House of Delegates joined supporters of Donald Trump as hundreds forced their way into the U.S. Capitol.

Del. Derrick Evans, R-Wayne, streamed video on his Facebook page that showed him at first outside the capitol building and, then later, just outside an entryway before the group made its way inside.

Evans — who won his first term as a state lawmaker in the November election and was sworn in last month — joined other pro-Trump extremists for large-scale protests Wednesday. In the afternoon, Congress was meeting in a joint session to certify each state’s presidential election results as crowds made their way inside the doors of the capitol building.

The House and Senate had returned to their respective chambers to debate an objection to Arizona’s results shortly before the building was reportedly locked down as an insurrection was mounted by Trump supporters.

At least one of the videos live streamed by Evans was deleted. However, multiple social media users made copies of the video and shared it with West Virginia Public Broadcasting and other news outlets.

At one point during the since-deleted video posted by Evans, hundreds of people were shown forcing their way into the building. Someone off-camera — possibly Evans himself — proclaims they had made their way into the building.

“We’re in! We’re in! Derrick Evans is in the Capitol!” can be heard on the video.

In a separate Facebook post published just after 6 p.m., Evans said he was on a bus traveling back to West Virginia. He wrote that he did not have “negative interactions” with law enforcement. He 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.”

 

In a statement issued Wednesday evening, House Speaker Roger Hanshaw condemned the events at the U.S. Capitol and acknowledged Evans’ apparent involvement in the storming of the building.

“I have not spoken to Delegate Evans about today’s events. I don’t know the specifics of his involvement. I have only seen what has been posted on social media so far, and I’m sure more details may come out soon,” Hanshaw said. “He will need to answer to his constituents and colleagues regarding his involvement in what has occurred today.”

The president of the West Virginia Troopers Association, John W. Smith Jr., says he did not know that a candidate his organization decided to endorse this year has an active restraining order against him.

A spokesman for Hanshaw also said that because the event is still unfolding, the Speaker’s office is gathering information and “will evaluate all the potential consequences once the totality of the situation is understood.”

Belinda Biafore and Rod Snyder — who serve as chair and vice-chair of the West Virginia Democratic Party, respectively — called for Evans to resign from his seat in the House of Delegates.

Evans did not respond to multiple requests by West Virginia Public Broadcasting for an interview.

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