Derrick Evans, who resigned as a West Virginia delegate before ever serving, is pleading guilty to allegations that he broke the law by surging into the U.S. Capitol on Jan. 6 while yelling his own name.
Federal prosecutors filed a motion this week to delay a status hearing that had been scheduled for Friday. The reason cited was the additional time necessary to work out the plea agreement.
“The parties have reached an agreement regarding pre-trial resolution of this case and need additional time to complete and submit the necessary paperwork,” wrote Kathryn Fifield, the federal prosecutor in the case.
Her motion said prosecutors and defense attorneys agreed. The motion noted that the defense attorney for Evans plans to retire but would like to handle the plea hearing, so the two sides still hope to convene before the judge this month.
So, U.S. District Judge Royce Lamberth granted the motion and moved the hearing to 1 p.m. Feb. 14.
Evans would be the third West Virginia defendant to plead guilty to charges related to the Jan. 6 riot. Gracyn Courtright of Putnam County was sentenced to a month imprisonment, and Eric Barber of Wood County has also pleaded guilty but has not been sentenced yet.
George Tanios of Monongalia County has pleaded not guilty to charges that he worked with longtime friend Julian Khater to assault U.S. Capitol police officers with pepperspray. A federal judge has set a June 6 trial date for Tanios.
Evans pleaded not guilty in September, even as his lawyers acknowledged discussing a possible plea.
Federal officials have counted 725 arrested in various crimes for the Jan. 6, 2021, attack on the Capitol.
The mob storming the U.S. Capitol 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 a newly-elected West Virginia delegate when he joined a busload of people bound for the U.S. Capitol as Congress proceeded with its constitutional duty to certify the 2020 presidential election.
Evans resigned his legislative seat before ever serving, and he faces charges that include four misdemeanors and felony obstruction of a federal proceeding.
He spent much of the day livestreaming his activities at the rally and subsequent riot. As alarms blared, Evans surged through the door and turned the camera on his own face. “The door is cracked! … We’re in, we’re in! Derrick Evans is in the Capitol!”