West Virginia’s newly sworn Derrick Evans is now facing federal charges after entering the U.S. Capitol with a mob this week, federal law enforcement officials said during a press conference today.
The initial announcement of the charges against Evans took place in a press conference with acting U.S. Attorney Michael Sherwin for the District of Columbia. The federal officials who participated in the call apparently learned of the charges at that time and said more details would be released soon.
‘I have just indicated that we now have a signed complaint against a delegate serving in the West Virginia Legislature. He was charged – and in my opinion he reportedly stormed the Capitol – he was charged with entering the restricted area and entering the US Capitol. The report will also be released today. The accused’s name is Derrick Evans. Derrick Evans. ”
The charge of access to restricted government buildings is a felony, punishable by fines and up to one year in prison. However, the punishment can increase significantly if ‘the offense results in a significant bodily injury’.
The levy applies to buildings where anyone protected by the secret service visits or buildings with an event of national importance.
U.S. Senator Joe Manchin, DW.Va., who was among the elected leaders, rushed to safety at the U.S. Capitol this week, saying earlier today that Evans should face the strongest charges.
‘I guarantee the FBI will do their job. I do not know the person. This is a very, very bad judgment. “Very poor judgment,” Manchin said today on “580 Live” on WCHS Radio.
Evans, a Wayne County Republican who had just been sworn into the House of Representatives in West Virginia, claims he was recording history and dragging along with the crowd. But his own video shows him shouting, “Move! Move!” Before passing through the Capitol door, while security alarms rang.
The mob that stormed the Capitol disrupted the constitutional duty to count the votes of the Electoral College and spurred the evacuation of Representatives, Senators and Vice President Mike Pence. One woman was fatally shot as she tried to climb into the rooms, three others died due to ‘medical emergencies’ and 50 police officers were injured. Police in the Capitol have announced that one police officer has died from injuries sustained during the riot.
The FBI’s Washington Field Office announced Thursday that it is seeking tips and digital media depicting riots and violence in the U.S. Capitol and surrounding areas.
Acting Attorney General Jeffrey Rosen has issued a statement saying federal agents will continue to methodically assess evidence, prosecute crimes and arrest them in the coming days and weeks to ensure those responsible under the law be held accountable.
U.S. Attorney Mike Stuart for the Southern District of West Virginia also said agents were willing to “enforce the rule of law.” “The right to peaceful assembly and protest is a fundamental right, but that right does not extend to the commission of violence in the name of any cause or purpose,” Stuart said Thursday.
Manchin, who spoke on MetroNews’ “Talkline” on Thursday, generally spoke about criminal penalties for those at the U.S. Capitol, but specifically mentioned Evans and said a sentence of 6 months for offense would be a minimal fine.
Manchin followed up on radio today by saying Evans had clearly crossed the border to interrupt a sacred duty of Congress.
‘I just can not believe that a person elected as a public official who takes the same oath of office as everyone else takes to defend and protect the Constitution, will enter the Capitol, an uprising around a legal procedure to overthrow we must do to shape our government and our democracy and keep the Republic alive, ”Manchin said.
Evans, R-Wayne, livestreamed and then removed videos from inside the Capitol, but others took screenshots and videos of his original.
The video shows a crowd streaming through a Capitol door, past security, while an alarm repeatedly blows. When Evans enters an area called National Statuary Hall, he celebrates his own name: ‘We’re in! We’re in! Derrick Evans is in the Capitol! At another point he turned the camera on himself, wearing a car helmet.
In a Facebook post on his “Derrick Evans – The Activist” page, Evans said he rode home on a bus to West Virginia after the event, saying he acted as an independent member of the media in film history. ‘
“I want to assure you all that I did not have any negative interaction with law enforcement and also did not participate in the destruction that may take place,” he said.
In a statement issued Thursday night, an attorney for Evans makes the same argument.
In the three-page statement by Union attorney John H. Bryan, Evans is described as an activist and a ‘journalist’ who documented the day’s events while being dragged into a crowd.
“Given the size of the group that walked in, Evans had no choice but to go in,” Bryan wrote. ‘Evans went on to film once inside. His footage showed members of the public were already inside the Capitol when he entered. Evans’ footage shows no riotous behavior at the time. Protesters can be seen calmly. ”
Evans is a first official. He placed first in a two-member district in the most recent general election, with 8,227 votes.
Evans swore last month to uphold the Constitution. All delegates take this oath: “I swear (or confirm) that I will uphold the Constitution of the United States and the Constitution of West Virginia, and faithfully perform the duties of Senator (or Delegate) to the best of my ability.”
The legislature will meet next Wednesday for a one-day session to elect leadership and set rules.
This is a likely moment for a motion to expel Evans from the House of Representatives.
Several of his fellow Republicans, including delegates Steve Westfall of Jackson County, Ben Queen of Harrison County and Joshua Higginbotham of Jackson County, have already said Evans should resign or be forced.
House Speaker Roger Hanshaw, R-Clay, does not have the unilateral power to remove a delegate. Earlier today, Hanshaw said he was gathering more information about Evans’ actions in Washington, DC Hanshaw said he was upset about what happened there.
“He will have to answer to his constituents and colleagues about his involvement in what happened,” Hanshaw said earlier this week.
The incoming minority leader of the House, Doug Skaff, issued a statement Thursday afternoon saying Evans should not sit when the legislature convenes.
Skaff’s letter to Hanshaw quotes Article 6, Article 24 of West Virginia’s Constitution, which sets out the Legislature’s ability to draw up its own rules. This section gives the rooms the space to determine the qualifications of members, without further defining it.
Skaff further cites the oath delegates take to uphold the U.S. Constitution. He said Evans had already shot short.
“His actions unquestionably disqualify him from holding public office in this state,” Skaff wrote, “and do not make him eligible to serve as a member of the West Virginia House of Delegates.”