Local legislators comment
A change.org petition condemning newly elected Delegate Derrick Evans, R-Wayne, for his participation in the U.S. Capitol riot had topped 34,800 signatures Thursday afternoon and the numbers were climbing by the second.
A number of local legislators also voiced their disapproval and called for consequences in response to a poll by The Dominion Post.
Evans (not to be confused with Delegate Ed Evans, D-McDowell, who has taken some flak by people mistaking his identity) had posted a number of videos of himself with other pro-Trumpers outside the Capitol Wednesday as Congress was reviewing the Electoral College presidential votes.
He also posted but took down one of himself participating in the break-in that led to the deaths of four people and the evacuation of the Capitol (the video is still viewable in other Twitter posts, including at NPR).
In a later Facebook post, he claimed that he didn’t participate in any destruction but was there “as an independent member of the media there to film history.” That claim is widely doubted.
At 8:18 p.m. Wednesday, Michael Jones, change.org’s managing director of campaigns, sent out a release announcing the petition, which was begun by Charleston resident Gina Hays.
It’s titled “Remove House of Delegates Member Derrick Evans for Terrorism” and says “West Virginia District 19 House of Delegates member Derrick Evans live streamed himself breaking into the Capitol. Remove him from his seat for leading and participating in terrorism and going against the constitution and rule of law.”
At the time of the release, it had 3,000 signatures. By 5:30 p.m. Thursday, it had 34,831.
The Dominion Post attempted to contact Monongalia and Preston County legislators regarding Evans’ actions. Not all cold be reached, but many responded by email or phone. Delegate Joe Statler, Monongalia, declined comment, saying he wanted more information what what’s been circulating on social media.
Local comment
— Delegate John Williams, D-Monongalia: “Make no mistake that yesterday’s events constitute sedition and insurrection, and will join the likes of December 7 and September 11 as infamous dates in our country’s history. No one has any business participating in an event like that, let alone someone who took the solemn oath to defend and protect the constitution of the United States.”
— Delegate Evan Hansen, D-Monongalia: “I’m appalled by yesterday’s insurrection at the U.S. Capitol. Reports this morning are that four people have now died in this attempt to subvert the will of voters.
“Those involved must be held accountable, including Delegate Derrick Evans, who filmed himself breaching the U.S. Capitol. He threatens the safety of WV legislators and those who work at the state Capitol in Charleston.
“Speaker Hanshaw should immediately suspend his rights, privileges, and access to the State Capitol building so that the Legislature can safely convene next week to open our session.”
— Delegate Danielle Walker, D-Monongalia: “Delegate Evans has truly embarrassed many colleagues, West Virginians and Americans. … Just because we have freedom and choice, at what point do we put a pause on respect?”
Thinking of those who’ve made sacrifices for the nation, she said, “We as Americans hold the U.S. Constitution very near and dear to our hearts. Yesterday’s actions were so disrespectful.”
If the rioters had worn Black Lives Matter logos or carried Black Power flags, what would have occurred, she asked. Previously, Many BLM protesters “were scrutinized, demonized, or even assaulted.”
The most disturbing picture she saw was someone hanging a noose , she said. “Is this how we make America great again?”
Regarding consequences, Walker said “He should not be above the law. … Delegate Evans should not represent West Virginia in this particular legislative session.”
Walker said that as a black American, it’s likely she would have been assaulted, jailed or killed for participating in such a riot. “I would hope, with the pride that this man has for the country, that he would resign. I will support and vote on any strict consequences that may occur.”
— Delegate Terri Sypolt, R-Preston: I believe he has to be held accountable and responsible for his actions. I have not personally spoken with him and much of the information that I have received has been from social media therefore I will reserve any other remarks until I have more reliable information.
— Sen. Bob Beach, D-Monongalia: What occurred in our U.S. Capitol building was an attempt to obstruct by force the duties and responsibilities of duly elected Congress. By his own accounts (video) newly elected Delegate Evans played a role in this insurrection. His role must be examined, dealt with swiftly, and the consequences of his action handled in the strictest of measures. Mr. Evans did not simply participate in a peaceful protest. He was in fact participating in a premeditated event in order to usurp the actions of the American people.”
— Sen. Mike Caputo, D-Marion, faced a controversy – of significantly lesser degree – in 2019 when, as a delegate, he was angered by a racist display outside the House chamber and kicked in a door, allegedly uttering profane statements and injuring an assistant doorkeeper during House prayer.
He was removed from his committee assignments for the brief remainder of the session and was the subject of two resolutions brought by a GOP delegate. One attempted to censure him and one attempted to expel him for the remainder of his term. Both failed overwhelmingly, with broad GOP support for Caputo.
Caputo said the social media posts show that Evans participated in a party “that appeared to me to create chaos in our nation’s Capitol, and that’s a sad thing.”
There are always winners and losers in an election, he said, and the peaceful transition of power is fundamental.
“This is certainly a sad chapter in American history,” he said. West Virginia again made national news in a bad way. “At the end of the day democracy prevailed.”
Any consequences for Evans, he said, will be determined by his peers in the House. Caputo noted that both Speaker Roger Hanshaw and Minority Leader Doug Skaff issued statements condemning Evans’ actions. “They’re going to have to determine what path, if any, they’re going to take with him.”
— Sen. Dave Sypolt, R-Preston: “It is expected that elected state legislators act in an honorable manner because they are representatives of their constituents, their district and the state of West Virginia. I have no first-hand knowledge of Delegate Evans’ alleged actions, but have been informed by several constituents that he was involved in mob actions at our nation’s Capitol building on Wednesday.
The House of Delegates has the authority to punish its members according to section 25 of Article 6 of the WV Constitution: ‘Each house may punish its own members for disorderly behavior, and with the concurrence of two thirds of the members elected thereto, expel a member, but not twice for the same offense.’
“If these actions of Delegate Evans are prosecuted, and he be found guilty of bribery, perjury, or other infamous crimes, then, according to Section 14 of Article 6 of the Constitution, Delegate Evans would be ineligible to serve as a delegate. With that being said, just like the Senate, the House has the authority on if, when and how a member is punished, or removed from office.”
— Late Thursday, Skaff, D-Kanawha, announced a letter he sent to Hanshaw requesting that Evans be disqualified from serving and not be seated when the Legislature meets for a day on Wednesday (and, by implication, begins its session on Feb. 10).
Evans joined an insurrection intended to undermine a free election, Skaff said.
The state Constitution, Article 6 Section 24, empowers the House to determine the qualifications of members, Skaff said. Evans’s participation in the riot that impeded the work of Congress “unequivocally disqualify him from holding public office in this state and make him ineligible to be seated as a member” of the House.
Tweet David Beard@dbeardtdp Email dbeard@dominionpost.com
