A federal judge has delayed a plea hearing for January 6 defendant Derrick Evans “in light of the communications between the parties.”
U.S. District Judge Royce Lamberth had previously set a hearing for Monday because the two sides had said they were reaching a plea agreement. It is unclear the nature of the communications resulting in the latest delay.
Early this month, lawyers indicated that Evans, who resigned as a West Virginia delegate before ever serving, would plead guilty to allegations that he broke the law by surging into the U.S. Capitol on Jan. 6, 2021, while yelling his own name.
“The parties have reached an agreement regarding pre-trial resolution of this case and need additional time to complete and submit the necessary paperwork,” Kathryn Fifield, the federal prosecutor in the case, wrote in early February.
Now Lamberth has delayed a hearing for the second time this month.
That move followed last Wednesday’s filing of a second superseding information against Evans by federal prosecutors.
The information charges Evans with civil disorder. More specifically it alleges Evans “committed and attempted to commit an act to obstruct, impede, or interfere with a law enforcement officer from the United States Capitol Police” who was trying to carry out official duties during the civil disorder.
That federal charge carries a fine or imprisonment of no more than five years.
It isn’t immediately clear what specific interaction with law enforcement might have prompted the civil disorder charge.
In a Facebook post right after the Jan. 6 events, Evans said: “I want to assure you all that I did not have any negative interactions with law enforcement nor did I participate in any destruction that may have occurred.”
To this point, Evans has pleaded not guilty and remains out of jail on personal recognizance.
A federal grand jury in late June indicted Evans on a charge of felony obstruction of an official proceeding. That increased 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.
It has been months since Evans had any kind of status hearing, so it’s challenging for outside observers to see what’s happening in the case.
Routine status hearings for Evans were repeatedly delayed over the late summer and early fall 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.”
In November, just before a scheduled status hearing, federal prosecutors filed a motion asking for a 90-day delay, citing the work of going over thousands of hours of video. The judge granted more time.
Evans had a status hearing scheduled for Feb. 4, but that was then delayed to Feb. 14 as both sides said a plea agreement was within reach. Now Judge Lamberth has written that “the parties are directed to notify the Court regarding future proceedings.”
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 already faced charges including four misdemeanors and felony obstruction of a federal proceeding.
He spent much of the day livestreaming his activities at the rally and subsequent riot.
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!”
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!”
His video depicts Evans approaching an officer and saying, “Hey, God bless you sir.” He tells the officer, “We still respect you all right. Nothing personal against you.”