Newly sworn West Virginia delegate Derrick Evans now faces federal charges after breaking into the United States Capitol with a crowd this week, federal officials said during a press call today.
The initial announcement of the charges against Evans came in part at a press conference with US Attorney Michael Sherwin for the District of Columbia. The federal authorities who took part in the call appeared to be aware of the charges at that time and said more details would be released soon.
“I just received the news that we now have a signed complaint against a delegate who works in the West Virginia Legislature. He has been accused – and, I think, according to reports that he recorded himself attacking the Capitol – he is accused of entering the restricted area and entering the United States Capitol. This report is also being released today. The defendant’s name is Derrick Evans. Derrick Evans. “
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.
US Senator Joe Manchin, DW.Va., who was among the elected leaders rushed to security at the US Capitol this week, said earlier today that Evans must face the strongest possible charges.
“I guarantee that the FBI will do its job. I don’t know the person. It is a very, very bad judgment. Very bad judgment, ”said Manchin today on Radio WCHS’s“ 580 Live ”.
Evans, a Wayne County Republican who has just taken office in the West Virginia House of Representatives, says he was recording a history video and accompanied the crowd. But his own video shows him shouting “Move! Move! “Before going through the Capitol door, while security alarms go off.
The Capitol crowd broke the constitutional duty to count the votes of the Electoral College and led to the evacuation of representatives, 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.
The FBI field office in Washington announced on Thursday that it was looking for tips and digital media portraying unrest and violence in the United States Capitol and surrounding areas.
Jeffrey Rosen, the acting US Attorney General, issued a statement saying that federal agents “would continue to methodically evaluate evidence, prosecute crimes and make arrests in the coming days and weeks to ensure that those responsible are held accountable to the law”.
United States Attorney Mike Stuart of the Southern District of West Virginia also said the agents were ready to “enforce the rule of law”. “The right to peaceful assembly and demonstration is a fundamental right, but that right does not extend to committing violence in the name of any cause or purpose,” said Stuart on Thursday.
Manchin, speaking on MetroNews’ Talkline on Thursday, spoke generally about criminal penalties for those on the US Capitol, but specifically mentioned Evans and said a 6-month sentence for trespassing would be a minimum penalty.
Manchin responded on the radio today, saying that Evans clearly crossed the line to interrupt a sacred duty of Congress.
“I just can’t believe that a person who was elected as a civil servant, who takes the same oath of office that everyone takes to defend and protect the Constitution would be entering the Capitol, an insurrection, to overturn a legal procedure we have to do to form our government and our democracy and keep the Republic alive and well, ”said Manchin.
Evans, R-Wayne, broadcast live and then deleted videos from within the Capitol, but others took screenshots and videos of their original.
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. “
Evans is 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.”
The legislature is due to meet next Wednesday for a one-day session to select the leadership and set rules.
This is a likely time for a motion to expel Evans from the House of Representatives.
Several of his Republican colleagues, including delegates Steve Westfall of Jackson County, Ben Queen of Harrison County and Joshua Higginbotham of Jackson County, have 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. Before today, Hanshaw said he was gathering more information about Evans’ actions in Washington, DC Hanshaw said he was shocked by what happened there.
“He will need to respond to his constituents and colleagues about his involvement in what happened,” said Hanshaw earlier this week.
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.
Skaff’s letter to Hanshaw cited Article 6, Section 24 of the West Virginia Constitution, which establishes the legislature’s ability to establish its own rules. This section gives chambers the latitude to determine members’ qualifications, without further defining it.
Skaff also cited the oath delegates take to defend the US Constitution. He said that Evans has already fallen short.
“His actions unequivocally disqualify him from holding public office in this state,” wrote Skaff, “and make him ineligible to be a member of the West Virginia House of Delegates.”