Derrick Evans, facing federal charges for entering the United States Capitol with a mob, resigned from the West Virginia House of Delegates.
“I hereby resign as a member of the House of Delegates, with immediate effect,” said Evans in a one-page letter sent to Governor Jim Justice and the House.
The House issued another statement by Evans expressing regret.
“I take full responsibility for my actions and deeply regret any hurt, pain or embarrassment I may havecaused my family, friends, constituents and West Virginia comrades, ”said Evans.
“I hope that this action that I take today can remove any cloud of distraction from the state Legislature, so that my colleagues can work seriously in building a better future for our state. Most importantly, I hope it helps to start the healing process, so that we can all move forward and come together as ‘One nation, under the leadership of God’ ”.
Evans, a Wayne County Republican who recently took over as House of Delegates, said he was recording a history video and was taken along with the crowd. But his own video shows him shouting “Move! Move! “Before going through the Capitol door, while security alarms go off.
He was set to be the holder of a position for the first time. He came first in a two-member district in the most recent General Election, with 8,227 votes.
Evans vowed to defend the constitution last month. All delegates declare this oath: “I swear (or affirm) solemnly that I will support the United States Constitution and the Constitution of the State of West Virginia and will faithfully fulfill the functions of senator (or delegate) to the best of my ability.”
Several of his fellow Republicans, including delegates Steve Westfall of Jackson County, Ben Queen of Harrison County, Joshua Higginbotham of Putnam County and Jason Barrett of Berkeley County, have publicly said that Evans should resign or be forced out.
House Speaker Roger Hanshaw, R-Clay, does not have the unilateral power to remove a delegate. Hanshaw said earlier this week that he was gathering more information about Evans’ actions in Washington, DC Hanshaw said he was shocked by what happened there.
New minority leader in the House, Doug Skaff, released a statement on Thursday afternoon saying that Evans should not sit down when the legislature meets.
The legislature is due to meet next Wednesday for a one-day session to select the leadership and set rules. Lawmakers were already anticipating a motion and vote to expel Evans.
The crowd that invaded the US Capitol broke the constitutional duty to count the votes of the Electoral College and led to the evacuation of deputies, senators and Vice President Mike Pence. One woman was shot to death while trying to enter the cameras, three others died from “medical emergencies” and 50 police officers were injured. Capitol Police announced that a police officer died of injuries sustained during the rebellion.
Evans was arrested on Friday and faces two federal charges after breaking into the US Capitol with a mob this week.
Two federal misdemeanors are punishable by fines and possible prison terms: entry into a restricted public building and violent entry and disorderly conduct on the Capitol grounds.
After a short hearing in federal court on Friday afternoon, he was released on bail.
The charge of entering restricted public buildings is a misdemeanor, punishable by fines and up to a year in prison. However, punishment can increase significantly if “the offense results in significant personal injury”.
The charge applies to buildings where any person protected by the Secret Service is visiting or buildings with an event of national importance.
A second charge, violent entry and disorderly conduct on Capitol grounds is also a misdemeanor with a possible six-month prison sentence.
A statement by FBI agent David DiMarco indicates that the investigator relied heavily on the copy of Evans ‘own video, comparing the voice to the voice in Evans’ videos promoting his campaign for the state post. The agent also relied on Evans’ enthusiastic identification of himself.
In videos of the crowd outside, leading to the entrance to the Capitol, Evans narrated that “They are making an announcement now saying that if Pence betrays us you better think straight because we are breaking into the building.
The FBI agent described Evans laughing and saying, “I’m just the messenger, so don’t hate me.”
Evans ended up in a crowd outside the Capitol door. In this video, in less than 30 seconds, Evans says “Here we go! Open the door ”before you start shouting“ Our home! Our home! “
Ten seconds later, he observes law enforcement as an obstacle: “We are at the door now. There are cops inside stopping us now. “
The FBI agent describes Evans, a minute and a half into the video shouting “the door is open!” while the individuals in front of the crowd seem to be able to open the door and start entering.
Ten seconds after that, Evans yells, “We’re in! I was in!”
The video shows a crowd appearing through the Capitol door, passing through security, while an alarm sounds repeatedly. When Evans enters an area called National Statuary Hall, he celebrates and declares his own name: “We’re in! I was in! Derrick Evans is on the Capitol! ”At another point, he turns the camera on himself, wearing a motorcycle helmet.
In a Facebook post on his “Derrick Evans – The Activist” page, Evans said he was on a bus going home to West Virginia after the event and said he acted as “an independent member of the media to film the story”.
“I want to assure everyone that I have not had any negative interaction with the police authorities or participated in any destruction that may have occurred,” he said.
In a statement released Thursday night, a lawyer for Evans made the same argument.
Union’s attorney John H. Bryan’s three-page statement described Evans as an activist and “journalist” who documented the day’s events while being dragged through the crowd.
“Given the size of the group joining, Evans had no choice but to join,” wrote Bryan. “Evans continued to film once inside. His footage showed that the audience was already inside the Capitol by the time he entered. Evans’ footage shows no violent behavior occurring at that time. Protesters can be seen walking calmly. “
In a press release released on Saturday, the United States Department of Justice described it this way:
“Derrick Evans, 35, of West Virginia, was accused of intentionally entering or staying in any restricted building or land without legal authority; and a charge of violent entry and disorderly conduct at Capitol Grounds. Evans was arrested on Friday.
“It is alleged that on January 6, 2021, Evans, a recently elected member of the West Virginia House of Delegates, broadcast a live video on his Facebook page of himself gathering and encouraging a crowd that illegally entered the US Capitol. U.S. In the video, Evans is reportedly seen crossing the threshold of the United States Capitol and shouting: ‘We’re in, we’re in! Derrick Evans is on the Capitol! ‘”