MORGANTOWN — Newly elected Delegate Derrick Evans, R-Wayne, faces a federal charge of entering a restricted government building in connection with his participation in Wednesday’s break-in at the U.S. Capitol as Congress was reviewing the Electoral College presidential votes.
A WSAZ news video posted just before 3 p.m. showed him being taken into custody by FBI agents. He appeared to be handcuffed and wore a gray hoodie sweatshirt. The hood was up and he was wearing a face mask (for COVID), so his face could not be seen. A woman who said she is his grandmother told the news crew, “He’s a fine young man.”
The 11-page criminal complaint shows that Evans also faces a second misdemeanor of violent entry and disorderly conduct. He was arraigned at federal court in Huntington and released on his own recognizance.
Evans had posted videos of himself among the crowd that broke in and recorded himself saying such thing as, “We’re in, we’re in! Derrick Evans is in the Capitol!” and “Keep it moving, baby!” as the group was surging forward.
The complaint also notes that at one point Evans said, “No destruction of anything! No vandalizing property!”
The Dominion Post reporter Will Dean was tuned into a Friday press briefing by acting U.S. Attorney Michael Sherwin for the District of Columbia, who said partway in, “I just received word that we have now a signed complaint also against a Delegate who serves in the West Virginia Legislature. He has been charged — and, I think, according to reports had recorded himself storming the Capitol — he is charged with entering restricted area and entering the United States Capitol. That report is also being released today as well. That defendant’s name is Derrick Evans. Derrick Evans.”
The charge applies to anyone who “knowingly enters or remains in any restricted building or grounds without lawful authority to do so [or] knowingly, and with intent to impede or disrupt the orderly conduct of government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of government business or official functions.”
The charge carries a fine, imprisonment for up to a year, or both. For both charges, he faces up to 18 months in prison.
A restricted area includes “a building or grounds where the president or other person protected by the Secret Service is or will be temporarily visiting; or a building or grounds so restricted in conjunction with an event designated as a special event of national significance.”
After the break-in, when Evans was on the bus back home – he was part of a bus caravan with people from West Virginia, Ohio and Kentucky who rallied in D.C. to support President Trump – he posted a claim 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.
Evans’ attorney, John H. Bryan, affirmed Evans’ views in a Thursday statement. Bryan said, “In addition to being a duly elected member of the West Virginia House of Delegates, District 19, Mr. Evans is also an independent activist and journalist, who has long exercised his constitutional rights to engage in peaceful protest, activism and amateur journalism.”
Near the end of the three-page statement, Bryan said, “ Therefore, Delegate Derrick Evans will not be resigning his public office. He stands firmly behind the right of every American to be considered innocent until proven guilty. He committed no criminal act that day.”
It’s unclear how Evans’ situation will be handled by the House of Delegates. Late Thursday, Minority Leader Doug Skaff, D-Kanawha, sent a letter to Speaker Roger Hanshaw, R-Clay, 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. He cited portions of the state Constitution to support his view that this is within the Legislature’s power.
Hanshaw said Wednesday, “While free speech and peaceful protests are a core value of American society, storming government buildings and participating in a violent intentional disruption of one of our nation’s most fundamental political institutions is a crime that should be prosecuted to the fullest extent of the law.”
The Dominion Post contacted Hanshaw Friday for updates and was awaiting word.
Hanshaw has the power to remove Evans from all committee assignments. Delegates can also introduce resolutions for Evans to be censured, which could pass with a simple majority, and to expel him for a specified period, which would require a two-thirds vote.
Asked about Evans during his Friday COVID-19 briefing, Justice said, “I think it’s terrible. It’s a scar on West Virginia. … How in the world could we possibly, possibly think it’s anything but bad stuff?”
Tweet David Beard@dbeardtdp Email dbeard@dominionpost.com
