A West Virginia state legislator will not resign, despite facing pressure to do so after posting a video of himself joining a crowd in the US Capitol invasion on Wednesday, his lawyer said.
State Representative Derrick Evans, a Republican, “did not commit any criminal act that day,” wrote his lawyer, John H. Bryan, according to Lewisburg’s WVNS-TV.
“On the contrary,” said Bryan, “he was exercising his constitutionally protected rights to participate in peaceful protests and to film the events that were unfolding. I will help you enforce those rights against any commentator or public official who seeks to retaliate against his political expression, or even belittle his name, claiming that he was part of that separate group that was involved in negligible acts of violence and destruction of property that day. “
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A cell phone recording of a part of the now-deleted video shows Evans wearing a helmet in the middle of a screaming crowd that forced his way to the Capitol.
“We’re in! Keep moving, baby!” Evans can be heard saying on the tape.
Evans remained at the Capitol Rotunda – which is lined with paintings and artifacts and has historically been used as a ceremonial resting place for prominent United States deceased leaders – and shouted to the others, “Don’t vandalize!”
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The incident, which delayed a joint session of Congress to certify the votes of the Electoral College in the presidential election, forced lawmakers to flee the Senate floor and protect themselves, caused a flood of destruction to the building and left at least four dead and dozens of others – including police – injured.
West Virginia House of Representatives, Republican Roger Hanshaw, said Evans “should be prosecuted to the fullest extent of the law.”
A spokesman for the Chamber, Jared Hunt, told The Associated Press that Hanshaw was still “gathering as much information as possible about what happened and will assess all potential consequences once the whole situation is understood.”
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Hanshaw said in his statement that he had not yet spoken to Evans.
Evans, who represents a part of Wayne County, said in a Facebook statement after the incident that he was returning to West Virginia and “was just there as an independent member of the media to film the story”.
West Virginia Democrats have called for Evans to leave and the suit, saying he must be “held accountable” for his role in the attack on the Capitol, the WVNS reported.
David Aaro and The Associated Press of Fox News contributed to this report.