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W.Va. delegate charged following breach at US Capitol

Published: Jan. 8, 2021 at 1:00 PM CST
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UPDATE 1/8/21 @ 11 p.m.

HUNTINGTON, W.Va. (WSAZ) -- The newly sworn-in West Virginia Republican delegate who recorded himself and others breaching the US Capitol Wednesday is facing two federal misdemeanors.

Derrick Evans has been charged with entering a restricted public building and violent entry and disorderly conduct on Capitol grounds.

W.Va. delegate charged following breach at US Capitol
W.Va. delegate charged following breach at US Capitol(WSAZ)

The FBI picked up Evans at his home in Prichard Friday afternoon as he was clad in a Tolsia Rebels sweatsuit and took him to the federal courthouse in Huntington for a hearing.

The federal affidavit lays out details of Evans’ actions, saying he engaged in disorderly conduct with the intent to impede, disrupt or disturb the orderly conduct of Congress.

The affidavit describes how Evans posted live video at the moment he and the crowd entered the Capitol. It says Evans can be heard chanting at people in the front of the crowd at the doorway, saying “Move! Move! Move!”

West Virginia Gov. Jim Justice is calling on Evans to resign. Evans’ lawyer said in a statement Thursday he won’t.

The affidavit includes prior posts from Evans’ Facebook page, which investigators call “potentially relevant to Evans’ motive and intent,” including one from New Years Eve when Evans posted a meme that said “A storm is coming, and there is nothing the left can do to stop it!”

The affidavit includes another post Evans made December 30, when he posted a meme showing President Trump and the text “Take America back. Be there. Be Wild. D.C., January 6th 2021.”

Evans can be heard in the video asking others not to vandalize anything.

Evans posted a statement on his Facebook page Wednesday following the riot, saying “I want to assure you all that I did not have any negative interactions with law enforcement, nor did I participate in any destruction that may have occurred.”

He declined to comment to media Friday evening as he left his hearing.

Evans was released on a personal recognizance bond.

The combined crimes are punishable by fines or more than a year in jail.

ORIGINAL STORY

CHARLESTON, W.Va. (WSAZ) -- A newly elected West Virginia delegate who went Facebook live while storming the U.S. Capitol Wednesday along with other protesters is now facing a federal charge, according to Gov. Jim Justice.

Justice made the announcement at the end of his press conference Friday.

“This came across, West Virginia Delegate Evans charged federally with entering a restricted area, according to Federal Department of Justice,” said Gov. Justice.

The Associated Press is also reporting that according to the US Justice Department, state lawmaker Derrick Evans has been charged after entering a restricted area of the US Capitol with rioters.

On Wednesday, delegate-elect Derrick Evans (R-WV) filmed the breach at the US Capitol and posted it live on social media.

“We’re in. We’re in. Derrick Evans is in the Capitol,” Evans is heard in the video posted on social media Wednesday.

WSAZ was the only news outlet at Evans home in Wayne County Friday as the FBI made the arrest.

(Chad Hedrick)

Thursday, an attorney released a statement on behalf of Evans saying he will not resign despite the growing push to step down from both sides of the political aisle.

The attorney claims Evans was working as an amateur journalist at the time.

To read the full statement click here.

According to a criminal complaint from the United States District Court for the District of Columbia, Evans is charged with Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority and Violent Entry and Disorderly Conduct on Capitol Grounds.

The criminal complaint cites videos streamed on Derrick Evans’ Facebook page, saying a video depicted Evans “joining and encouraging a crowd unlawfully entering the U.S. Capitol.”

The complaint also references previous posts from his Facebook page which investigators say are “potentially relevant to Evans’ motive and intent.”

Evans was taken into custody but has since bonded out.

This is a developing story.

Keep checking the WSAZ app for the latest information.

For our previous story click here.

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