Lawyers need time to review video for Jan. 6 defendant Derrick Evans, including his own

A federal judge has granted prosecutors’ request to delay a hearing for Jan. 6 defendant Derrick Evans to allow more time to pore over video evidence.

That includes livestreamed video that Evans posted — and later deleted — to his own Facebook page.

Derrick Evans

Evans, who was elected to West Virginia’s Legislature but resigned before serving, had a status hearing scheduled for Wednesday. U.S. District Judge Royce Lamberth has now delayed that until 1 p.m. Feb. 4.

A week ago, federal prosecutors filed a motion asking for a 90-day delay, citing the work of going over thousands of hours of video.

“Further, the government is preparing to produce additional materials specific to the defendant’s participation in the Jan. 6 Capitol Riot, including U.S. Capitol (closed circuit television) and materials obtained from the defendant’s Facebook,” prosecutors wrote.

The federal prosecutors wrote that they have communicated with Evans and his lawyers, who need more time to review the potential evidence.

Routine status hearings for Evans have been repeatedly delayed over the past few months as lawyers from both sides described productive talks on a possible plea agreement.

“The parties remain engaged in discussions regarding possible resolutions of this case,” federal prosecutors stated in an August brief. “These discussions have been productive but are evolving and ongoing.”

Evans 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 charge of felony obstruction of an official proceeding. 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 a July 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.

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.

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.

Evans was set to be a first-time officeholder. He placed first in a two-member House district in last fall’s General Election, with 8,227 votes.

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.

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