A routine status hearing is being delayed for Derrick Evans, the former state lawmaker who livestreamed his own surge into the U.S. Capitol on Jan. 6, while talks continue about a possible plea agreement.
“The parties remain engaged in discussions regarding possible resolutions of this case,” federal prosecutors stated in a brief filed today. “These discussions have been productive but are evolving and ongoing.”
The prosecutors noted that the defense counsel for Evans is still working toward admission to practice law in the District of Columbia, another factor requiring more time. Prosecutors specified that defense attorneys agree with the latest delay.
This would be the second delay in Evans’ case in recent months, all for similar reasons.
A status hearing originally set for July was rescheduled for August 10, and now it appears the date will move again.
Evans, who resigned a seat in the state Legislature prior to actually serving, faces several charges from surging into the U.S. Capitol on Jan. 6 while Congress was certifying Electoral College votes.
A federal grand jury in late June indicted Evans on a felony obstruction of an official proceeding.
The new charge alleges Evans broke federal law by engaging in activity that “obstructs, influences, or impedes any official proceeding.” Such an offense must be committed with “corrupt intent.”
The felony indictment increases consequences in the case, allowing for a fine or no more than 20 years in jail.
Evans previously faced four misdemeanors: entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, violent entry and disorderly conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.
When prosecutors asked to delay last month’s scheduled status hearing, they alluded to the effect the felony charge had on plea talks.
“The parties are engaging in ongoing discussions regarding possible resolutions of this case. These discussions have been impacted by the recent indictment of the defendant,” wrote Kathryn Fifield, the trial attorney representing the U.S. Government.
Evans has remained out of jail on a personal recognizance bond, which means he was released without having to post any money for bond.
Evans, a Wayne County resident, was among the thousands of people who rallied at the U.S. Capitol on Jan. 6.
A mob storming the U.S. Capitol that day disrupted the constitutional duty of counting Electoral College votes and prompted the evacuations of representatives, senators and Vice President Mike Pence. One woman was fatally shot while trying to climb into the chambers, three others died from “medical emergencies” and more than 100 police officers were injured.
Several West Virginians face charges from that day’s events. They include George Tanios, a Morgantown sandwich shop operator accused in the assault of three Capitol police officers with pepperspray, former Parkersburg Councilman Eric Barber, and college senior Gracyn Courtright of Hurricane.
Barber has a status hearing scheduled 10 a.m. August 17. Courtright has a plea hearing 10 a.m. August 25.
Video that Evans livestreamed and later deleted was archived by others.
In videos of the crowds outside, leading up to the Capitol entry, Evans narrated that “They’re making an announcement now saying if Pence betrays us you better get your mind right because we’re storming the building.”
Evans wound up in a crowd outside a Capitol door. In that video, less than 30 seconds in, Evans says “There we go! Open the door” before beginning to shout “Our house! Our house!”
The video depicts him calling out “Move! Move!” before going through the Capitol door, as security alarms blare.