CHARLESTON – A newly elected Wayne County delegate now faces federal charges after taking part in storming the U.S. Capitol earlier this week has resigned.
Derrick Evans (R-Wayne) was charged January 8 with entering a restricted area an entering the U.S. Capitol, according to federal officials taking part in a press call about the January 6 events. Attorney John H. Bryan, who is representing Evans, said his client was picked up by federal officials and was taken to federal court in Huntington. Evans
“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 January 9 in announcing his resignation. "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.’”
Evans was arrested Friday at his home in Prichard. He was taken to the federal courthouse in Huntington and released on a personal recognizance bond. He faces two federal misdemeanor charges, both punishable with fines and potential jail time. He was charged with entering a restricted public building and violent entry and disorderly conduct on Capitol grounds.
The charge of entering restricted government buildings is punishable by fines and up to a year in prison. But, the punishment could increase significantly if “the offense results in significant bodily harm." The second charge of violent entry and disorderly conduct on Capitol grounds, includes possible punishment of six months jail time.
In a January 7 statement by attorney John H. Bryan, Evans says he did nothing wrong and will not be resigning from office. Several West Virginia leaders have called for Evans’ arrest and for him to resign or be removed from office.
In the statement released January 7 by attorney Bryan, Evans says he was exercising his constitutional rights to engage in peaceful protest and activism.
“Evans takes his responsibility and oath as the duly elected voice of the people of West Virginia House District 19 extremely seriously,” the statement reads. “His constituents knew that they were electing an activist to the office. He was acting in good faith to this regard at all times.
“Just as the courts don’t judge police officers with 20/20 hindsight for the split second judgments they’re often forced to make, Derrick Evans should not be condemned as a member of the group of violent and destructive protestors elsewhere at the Capitol that day.”
Evans, through Bryan, says he had no involvement with the violence and destruction and didn’t even witness it.
“Therefore, Delegate Derrick Evans will not be resigning his public office,” the statement continues. “He stands firmly behind the right of every American to be considered innocent until proven guilty. He committed no criminal act that day. To the contrary, he was exercising his constitutionally protected rights to engage in peaceful protest and to film the events which were unfolding.”
Bryan said he will help Evans enforce “those rights against any commentators or public officials who seek to retaliate against his political expression, or who further disparage his name by alleging that he was part of that separate group who engaged in despicable acts of violence and destruction of property that day.”
“Derrick Evans was not associated with that group, and like most of us, deeply regrets that such actions occurred during an otherwise peaceful and expressive day,” Bryan said.
Bryan says national and local media reports have contained false and/or misleading allegations against Evans. He also said political leaders and government officials have made “reckless and derogatory statements” about Evans that are false, misleading and absent from proper context.
“Mr. Evans did nothing wrong on January 6, 2021,” Bryan wrote. “He was exercising his First Amendment rights to peacefully protest and film a historic and dynamic event. He engaged in no violence, no rioting, no destruction of property, and no illegal behavior. …
“Attending the planned peaceful protest is consistent with Mr. Evans’ long history of exercising his constitutional rights in this manner. He has previously traveled throughout the country for similar in furtherance of his activism … to other planned peaceful protests and potentially historic events. His social media page attests to this history.”
Bryan says Evans was documenting the event when he found himself on the East side of the U.S. Capitol.
“Much of the media reporting thus-far on Mr. Evans’ presence at the event represents or implies that Mr. Evans was involved in the body of protestors who engaged in violence and destruction of property,” Bryan says. “However, that representation is false. … At no point was Mr. Evans located in the crowd on the West side of the building, nor anywhere else on the Capitol grounds, where violence and destruction of property was, or had been, occurring. Evans was following an entirely different group, wholly detached from the tragic events which occurred that day.”
Bryan says Evans was documenting the progress of the protest on his social media pages and that there was no physical destruction or forced entry where Evans entered the U.S. Capitol.
“Instead, the doors were physically opened – either by Capitol Police or by other protestors who were already inside,” Bryan says. “At that point, the group surged in. From Mr. Evans point of view in the crowd, it appeared that the crowd was being allowed by law enforcement into the Capitol. He was not at the front of the group. Given the sheer size of the group walking in, Mr. Evans had no choice but to enter.”
And Evans continued to film once inside.
“His footage shows that members of the public were already inside the Capitol by the time he entered,” Bryan says. “Evans’ footage shows no riotous behavior taking place at that time. Protesters can be observed calmly walking around. Upon entering, Evans observed a police officer to his right, who was calmly standing watch inside the doorway through which he entered.
“No members of the protest were assaulting or resisting the officer in any way. Nor was the officer asking the protestors to leave. Instead, the officer gave Evans a fist-bump which can be observed on the video footage. This is consistent with Evans obviously having a belief that the crowd was being allowed into this public area of the Capitol at that time.
“Again, he had no knowledge of what had already occurred on the other side of the Capitol grounds. This area of the U.S. Capitol is generally open to the public year-round, and is only closed at the time due to COVID-19 concerns.
“It wasn’t apparent to Mr. Evans that he wasn’t allowed to follow the crowd into this public area of the Capitol, inside which members of the public were already located. There was no violence or destruction of property taking place in the vicinity of the crowd that Mr. Evans was following. To the contrary, he can be seen and heard on the video looking around to ensure that there was no vandalism by others.”
But, many lawmakers and other West Virginia officials still believe Evans should have to answer for his actions. There are online petitions calling for his resignation, and others believe he should be arrested.
Delegate Ben Queen (R-Harrison) is one of them.
“Today, I am respectfully calling on Delegate Evans to resign his seat in the WV House of Delegates,” Queen said in a social media post. “His actions do not reflect the West Virginia values that so many of us share and work so hard to defend.”
Other Republicans agreed.
“Domestic terrorism is not acceptable,” Delegate Joshua Higginbotham (R-Jackson) said in a social media post. “Storming the U.S. Capitol is not acceptable. Violence against law enforcement and members of Congress is not acceptable. If West Virginia Delegate Derrick Evans does not resign for his illegal and treasonous actions I and many other Republican lawmakers will vote to have him removed from the West Virginia House of Delegates. I swore to uphold the Constitution and it is quite evident that this elected official does not care about the oath he supposedly took.”
Some of the videos Evans shared on his social media page – titled Derrick Evans, The Activist – later were deleted, but they were captured and shared by others. One shows Evans wearing what appears to be a motorcycle helmet entering National Statuary Hall as he screams, “We’re in! We’re in! Derrick Evans is in the Capitol!”
To replace Evans in the House, state code say the party executive committee of the 19th Delegate District, which covers most of Wayne County, will have up to 15 days to submit names for nomination to Gov. Jim Justice's office. Justice then will have five days from the receipt of those names to make the appointment.
The 85th Legislature convenes Jan. 13 for an organizational session, but it then will adjourn until February 10 as it typically does following a gubernatorial election before beginning its 60-day regular session.
