CHARLESTON — Gov. Jim Justice said Friday a West Virginia delegate is now facing a federal charge related to his participation in the mob takeover of the U.S. Capitol Building in Washington, D.C. Wednesday.

Del. Derrick Evans (R-Wayne County) has been charged with entering a restricted area, Justice said.

Evans, who was sworn in for his first term last month, posted a video of himself participating in illegally entering the Capitol Building as part of a mob.

Evans took down his Facebook post, which had already circulated, and followed up with a post that said he had traveled across the country to film events and was there for that purpose “as an independent member of the media to film history.”

On Thursday, House Minority Leader Del. Doug Skaff Jr. (D-), speaking on behalf of the Minority Caucus, wrote a letter to House Speaker Roger Hanshaw saying Evans should not be a member of the House.

Skaff said the House has the authority to take the action because each member must take an oath to uphold the constitutions of West Virginia and the United States.

“Delegate-elect Evans committed several illegal acts, clearly memorialized through his own Facebook broadcast, in an attempt to disrupt the constitutionally mandates process,” Skaff wrote, adding that Evans “conspired, abetted and, if only temporarily, succeeded in physically attacking and impeding this constitutional process as part of an insurrection upon the U.S. Capitol. HIs actions unequivocally disqualify him from holding a public office in this state and make him ineligible to be seated as a member of the West Virginia House of Delegates.”

Contact Charles Boothe at

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