Government

Lawmaker Who Livestreamed Himself Storming Capitol Gets Charged, Refuses To Resign Because He 'Committed No Criminal Act'

'We're in! Derrick Evans is in the Capitol!' He got charged with a crime -- and has now resigned.

By  
on

Derrick Evans (Image via Twitter)

American “Patriots” are quickly learning that their foolhardy actions have consequences. In the wake of this week’s violent coup attempt at the U.S. Capitol, several people have lost their jobs after filming their own seditious exploits.

Take, for example, the associate general counsel who no longer has a job. His employer quickly took action after witnessing his participation in Wednesday’s attack.

But what happens when a lawmaker films himself barging into the Capitol building alongside a horde of Trump supporters?

Please note the UPDATE below.

Meet Derrick Evans, a newly elected West Virginia delegate. Evans can be seen here (in a video that he’s since deleted) shoving his way into the Capitol while shouting, “We’re in baby! WOO! We’re in! We’re in! Derrick Evans is in the Capitol!”

Sponsored

Once inside, Evans beseeched his fellow Trump supporters not to vandalize because they were surrounded by historical artifacts. Days later, he doesn’t want to be held accountable for participating in the siege because he claims he attended the coup attempt as an “independent member of the media to film history.”

There have since been bipartisan calls for Evans’s resignation, tens of thousands of his constituents have petitioned for his removal, Democratic leaders in the West Virginia House have called for his prosecution, and West Virginia’s U.S. Attorneys have said they are “prepared to enforce the Rule of Law and the laws of these United States.” Here is an excerpt from a lengthy statement prepared by Evans’s attorney:

Mr. Evans did nothingwrong on January 6, 2021. He was exercising his First Amendment rights to peacefully protest and film a historic and dynamic event. He engaged in no violence, no rioting, no destruction of property, and no illegal behavior. …

Delegate Derrick Evans will not be resigning his public office. He stands firmly behind the right of every American to be considered innocent until proven guilty. He committed no criminal act that day.

Earlier today, Evans was charged with entering a restricted area and entering the U.S. Capitol. “I just received word that we have a signed complaint … against a delegate who serves in the West Virginia Legislature,” said Ken Cole, first assistant for the U.S. Attorney’s Office in the District of Columbia during a news conference. “No criminal act” indeed.

Sponsored

Being an elected official sure has its perks when it comes to being held accountable — or not — for your own actions. The court of public opinion has already ruled in this case, and now we await the ruling of a court of law.

UPDATE (1/9): Derrick Evans has resigned from his position as a West Virginia delegate, effective immediately, after being charged with knowingly entering or remaining in a restricted building, and violent entry and disorderly conduct on Capitol Grounds. In a statement, Evans said that he took “full responsibility for [his] actions.”

UPDATE: Attorney for WV Delegate releases statement regarding involvement at U.S. Capitol riot [WVNS TV]

Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Topics

, ,