Delegate inside U.S. Capitol during riot won’t resign

West Virginia House of Delegates member Derrick Evans, left, is given the oath of office Dec....
West Virginia House of Delegates member Derrick Evans, left, is given the oath of office Dec. 14, 2020, in the House chamber at the state Capitol in Charleston, W.Va. Evans recorded video of himself and fellow supporters of President Trump storming the U.S. Capitol in Washington, D.C., Jan. 6, 2021.(PERRY BENNETT/WEST VIRGINIA LEGISLATURE VIA AP)
Published: Jan. 8, 2021 at 12:17 AM EST
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CHARLESTON, W.Va. (WSAZ) -- An attorney has released a statement on behalf of West Virginia House of Delegates member Derrick Evans, R- Wayne.

Evans was inside the United States Capitol on Wednesday with other supporters of President Trump, but his attorney said he did not take part in any of the violence or destructive behavior at the time.

“Mr. Evans did nothing wrong on January 6, 2021. He was exercising his First Amendment rights to peacefully protest and film a historic and dynamic event. He engaged in no violence, no rioting, no destruction of property, and no illegal behavior,” attorney John H. Bryan wrote in a news release.

Bryan says Evans did not organize or lead a group to travel to the protest. The news release said he purchased a ticket for a charter bus ride, along with other people from the area who were headed to the “Stop the Steal” rally in Washington, D.C.

“Mr. Evans is also an independent activist and journalist, who has long exercised his constitutional rights to engage in peaceful protest, activism and amateur journalism. In the past day, there have been nationwide media reports containing false and/or misleading allegations against Mr. Evans. In addition, there have been political leaders and government officials who have chosen to make reckless and derogatory statements about Mr. Evans which are false, misleading and absent from proper context.”

WSAZ has reached out to Evans a few times in the last 24 hours for comment. One time the request was denied, in person, by his wife. He also did not respond to a text message to a number on file with the Secretary of State’s office.

You can read the full statement here.

Lawmakers in West Virginia on both sides of the political aisle are calling for the Evans’ resignation. He was just sworn in last month.

His lawyer says he will not be resigning.

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