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Derrick Evans

Former West Virginia delegate Derrick Evans exits the Sidney L. Christie U.S. Courthouse and Federal Building after being arraigned on federal charges Jan. 8 in Huntington. The next hearing in his case is set for Aug. 10.

Former West Virginia lawmaker Derrick Evans will wait at least another month for his next day in court over the Jan. 6 breach of the U.S. Capitol.

U.S. District Judge Royce Lamberth on Thursday granted a motion to delay the next hearing for Evans after the prosecutor in his case asked for more time to allow for plea negotiations.

The hearing that had been scheduled for Friday now will take place on Aug. 10.

A new indictment handed up by a grand jury last month affected the ongoing plea deal discussions in Evans’ case, U.S. Attorney Kathryn Fifield said in the motion.

She also said Evans’ defense attorney is working to be admitted to the bar of federal court in Washington, D.C.

Evans now is charged with obstruction of an official proceeding and aiding and abetting; 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.

The most recent indictment, which added the obstruction charge, was filed on June 30. Prior to the June indictment, Evans pleaded not guilty to the first four charges against him in May with Huntington attorney David Tyson representing him. Fifield said at his arraignment that parties were in the early stages of negotiations for a plea deal.

The previous charges against Evans were filed by way of information on May 3. When prosecutors bring charges against someone in an information filing, it typically indicates the person is cooperating with investigators and prosecutors, and it cannot be filed without the defendant’s consent.

Evans streamed parts of his day at the U.S. Capitol on Jan. 6 on his former “Derrick Evans — The Activist” Facebook page.

In one video, since deleted from Facebook, Evans could be seen forcing his way into the Capitol with other supporters of former President Donald Trump. In the video. Evans, who was wearing a helmet, could be heard screaming “Derrick Evans is in the Capitol!”

Evans, of Wayne County, was elected to the House of Delegates in November. He resigned his seat in the House on Jan. 9, about five weeks after he was sworn into office and before he ever cast a single vote in the House.

Evans remains out of jail on bail.

Reach Lacie Pierson at


.com, 304-348-1723 or follow @laciepierson on Twitter.

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