A federal judge ruled on Wednesday that an ex-West Virginia senator who asked on a Facebook broadcast during the Capitol riot on January 6 whether President Donald Trump would “pardon anybody who gets jailed” will serve three months in prison.
Derrick Evans, a former Republican delegate from West Virginia, was sentenced to prison rather than probation after he live-streamed himself yelling, “We’re in! Derrick Evans is at the Capitol right now!
Evans, 37, was detained two days after the nasty brawl that caused a several-hour delay in the certification of President Joe Biden’s victory in the 2020 presidential election. In March, Evans entered a plea of guilty to a felony civil disorder charge.
US District Judge Royce Lamberth claimed that the reason he gave him a prison term was to prevent a riot at the following election.
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Derrick Evans, a Republican delegate, has already removed the Facebook Live video of him and a crowd of Trump supporters storming the building in protest of Joe Biden’s election as president.
Facebook
Lamberth responded, “I can’t just give you probation in this case.” “It doesn’t represent the sentiments of the neighbourhood. It doesn’t accurately represent how the nation feels about what occurred that day.
“I want to avoid a riot during the next election. I’m going to do what I can to prevent this from happening again.
Evans, according to the prosecution, was a mob boss who only made matters worse.
“He was the riot’s leader. He was a leader on the ground, online, and in his state, according to prosecutor Kathryn Fifield, who was quoted by CNN.
Weeks before January 6, Evans took the oath of office, but he resigned the next day after being detained.
Derrick Evans, a member of the West Virginia House of Delegates, is sworn in on December 14, 2020, in the House chamber at the state Capitol in Charleston, W.Va.
According to court records, Evans urged his 30,000 Facebook fans to “fight For Trump” in the capital before the election on January 6.
He missed Trump’s speech on January 6 in favour of going directly to the Capitol, where he allegedly spent more than an hour filming the breach.
He remarked during the live feed, “Guys, oh my my, I can’t even convey what is happening right now, how beautiful this is to experience in person.” “I’m amazed. The uprising has begun. The uprising has begun.
He discussed the antics of the rioters while fist-bumping with other participants in the Capitol march.
He contemplated hiding his involvement after leaving the building, according to court documents.
Evans was detained two days after the brawl and entered a guilty plea to a felony civil disorder charge in March.
According to Fifield, who spoke to West Virginia-based Metro News, “he recognised almost instantly he had done something wrong.” Right after leaving the Capitol, he texted his pals to ask if he should erase this video to hide his actions. Sadly, Mr Evans’ experience with the internet as it is was less than ideal.
A former coach and teacher, Evans added on Wednesday that he is a “nice person who regrettably was caught up in the moment.”
“I will always be reminded of the critical error I made. Evans told the judge, “I’ve let myself down, I’ve let down my community, and most significantly, I’ve let down my family.
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In court records, Evans’ attorney, Paul Taylor, contended that the footage of Evans shows a “lack of experience, wisdom, or judgement rather than principally criminal intent” to win his client simply probation.
Evans must also pay a $2,000 fine and $2,000 in restitution.
