Lawyers have agreed that more time is necessary to pursue plea negotiations with former West Virginia Delegate Derrick Evans.
“There is an ongoing and productive series of discussions aiming toward a resolution in this case,” said Kathryn Fifield, the trial attorney representing the U.S. government.
During a brief status hearing today, U.S. District Judge Royce Lamberth of the District of Columbia agreed to put off further courtroom discussion of the case against Evans until 1 p.m. Nov. 10.
Evans, who resigned his 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 June indicted Evans, who livestreamed his surge into the U.S. Capitol on Jan. 6, on a felony obstruction of an official proceeding.
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.
The new felony 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.
Today, Evans pleaded not guilty to the additional charge.
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.
Hundreds of people now face charges from the breach of the U.S. Capitol on Jan. 6. They are being processed in a court system still operating under coronavirus protocols.
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 and former Parkersburg Councilman Eric Barber. College senior Gracyn Courtright of Hurricane has pleaded guilty and has an upcoming sentencing hearing.
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.