Ex-State Lawmaker Who Stormed Capitol Sentenced

Derrick Evans of West Virginia 'egged people on,' judge said
By Josh Gardner,  Newser Staff
Posted Jan 10, 2021 8:30 AM CST
Updated Jun 22, 2022 5:15 PM CDT
State Lawmaker Resigns After Joining Capitol Mob
Derrick Evans after being arraigned Friday Jan. 9. 2021 in Huntington, W.Va.   (Sholten Singer/The Herald-Dispatch via AP)

Update: A former West Virginia lawmaker who joined the mob storming the Capitol on Jan. 6, 2021—and consequently served only a few days in office—has been sentenced to three months in jail. Derrick Evans will also spend 36 months on supervised release and will have to pay fines, along with restitution for damage to the Capitol, West Virginia Metro News reports. Evans, 37, pleaded guilty to a felony charge of civil disorder. "You were egging people on," US District Judge Royce Lamberth told him Wednesday. The judge rejected a defense request for no jail time but gave Evans a sentence below what federal guidelines suggested. Our story from Jan. 9, 2021, follows:

A newly sworn-in state lawmaker is stepping down after footage from Wednesday's Capitol attack showed him joining the mob. Derrick Evans of West Virginia had only recently joined the state's House of Delegates when he livestreamed himself on Facebook among the throng, per West Virginia Metro News. “I take full responsibility for my actions, and deeply regret any hurt, pain or embarrassment I may have caused my family, friends, constituents and fellow West Virginians,” Evans wrote in a resignation letter to Gov. Jim Justice. The move came Saturday after the Republican initially rebuffed bipartisan calls for him to step down, saying through an attorney he had "committed no criminal act that day" and would not leave office.

Evans was charged with entering restricted federal property and violent entry and disorderly conduct on Capitol grounds after the AP reports he was seen fist-bumping a police officer and shouting “Our house!” as he joined fellow Donald Trump supporters in the Rotunda. Both charges are misdemeanors and could result in jail time and fines. Evans was charged Friday and released on his own recognizance. His arrest followed those of other high-profile rioters, including the QAnon Shaman and Adam Johnson, who was allegedly pictured carrying Nancy Pelosi's lectern. (More US Capitol stories.)

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