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Evans swearing in

Former delegate Derrick Evans, R-Wayne, was sworn in as a member of the West Virginia Legislature on Dec. 1, 2020. He resigned Jan. 9.

CHARLESTON — A former member of the West Virginia Legislature is in talks with federal prosecutors for a plea deal in the case against him for his alleged role in the Jan. 6 riot at the U.S. Capitol.

Derrick Evans pleaded not guilty to all charges against him during a roughly 15-minute arraignment hearing in U.S. District Court in the District of Columbia on Wednesday.

Evans, 35, of Prichard, is charged with 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.

Evans’ attorney, David Tyson, spoke on his behalf during the hearing, which took place via video and teleconference Wednesday morning.

Representing the federal government, Kathryn Fifield didn’t share the details of a possible plea deal with Evans, telling U.S. District Judge Royce C. Lamberth the parties were still in the early stages of negotiations.

The federal prosecutor filed the latest four charges against Evans earlier this month by way of an information. An information indicates that a defendant is cooperating with prosecutors and investigators. It cannot be filed without their consent.

Evans was initially arrested on similar charges in January.

Pending the exchange of evidence in Evans’ case, Lamberth set the next hearing for June 25. Evans remains out of jail on bail while his case is pending.

The former delegate was one of the first names and faces to become associated with the breach on Jan. 6, when thousands of people flocked to the Capitol to disrupt Congress as lawmakers worked to certify the 2020 presidential election.

Evans livestreamed himself on Facebook as he was part of a crowd of people pushing forward into the Capitol, eventually screaming, “Derrick Evans is in the Capitol!” He later deleted the video from his personal “Derrick Evans — The Activist” Facebook page, but the footage has been widely shared since then.

FBI agents referred to Evans’ livestream in the initial criminal complaint against him.

Evans was sworn in for his first term in the House of Delegates in December 2020, but he resigned from office on Jan. 9, one day after initially being charged for his role in the Capitol breach.

Reach Lacie Pierson at, 304-348-1723 or follow @laciepierson on Twitter.

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