Capitol Riot

Several State Lawmakers Joined, Observed US Capitol Turmoil

State Del. Derrick Evans was among lawmakers from at least seven states who traveled to Washington, D.C.

NBCUniversal Media, LLC 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 Donald Trump storming the U.S. Capitol in Washington, D.C., on Wednesday, Jan. 6, 2021 prompting calls for his resignation and thousands of signatures on an online petition advocating his removal.

A West Virginia lawmaker who filmed himself and supporters of President Donald Trump storming into the U.S. Capitol is facing bipartisan calls for his resignation as federal prosecutors step up their pursuit of violent perpetrators.

State Del. Derrick Evans was among lawmakers from at least seven states who traveled to Washington, D.C., for demonstrations rooted in the baseless conspiracy theory that Democrat Joe Biden stole the presidential election. Wearing a helmet, Evans ultimately joined a screaming mob as it pushed its way into the Capitol building, and livestreamed himself joyfully strolling inside.

It’s unclear if Evans was the only elected official to participate in what Republican Senate Majority Leader Mitch McConnell and many others called a “failed insurrection.” It's also not known if any of them will be prosecuted.

President-elect Joe Biden spoke out on Thursday to condemn the riot at the U.S. Capitol on Wednesday, calling it an “unprecedented assault on our democracy…an assault on the rule of law.”

Pennsylvania state Sen. Doug Mastriano said he helped organize a bus ride to the demonstrations but left the U.S. Capitol area after the eruption of violence, which he called “unacceptable.” The top Democrat in the Pennsylvania Senate, and eight of his colleagues, want him to resign, saying his actions and words disputing the election's integrity encouraged a coup attempt and inspired the people behind it.

Tennessee state Rep. Terri Lynn Weaver said Wednesday night that it had been an “epic and historic day.” The Republican lawmaker told The Tennessean she was “in the thick of it” but hadn’t seen any violence. Weaver did not respond to emailed questions from The Associated Press about whether she entered the Capitol.

Incoming Nevada state Assemblywoman Annie Black, a Republican, said she marched from the White House to the U.S. Capitol, where she saw men on megaphones revving the crowd to storm the security barrier. She said she retreated to avoid being associated with the mob.

Sen. Lindsey Graham, R-S.C., discusses the failures of security at the U.S. Capitol building during Wednesday's riot.

“We all had a choice when that fence came down,” she said. “Whether it was our group that incited that to happen or another group, every single person had the choice to make.”

Arizona state Rep. Mark Finchem posted photos of himself attending the protest outside the Capitol, but his office said he observed from afar. Liberal groups in the state want him expelled for backing the effort to overturn the election.

Virginia state Sen. Amanda Chase, an outspoken Trump supporter who is running for governor, attended the president's rally Wednesday in which Trump urged supporters to march to the Capitol. Chase said in a Facebook video that she left near the end of the rally on the advice of her security team, and there is no indication she was part of the group that stormed the Capitol.

Washington, D.C., Mayor Muriel Bower labeled the Wednesday attack on the U.S. Capitol “terrorism” and said D.C. must have control of its National Guard, not the president. “We must get statehood on the president’s desk within the first 100 days,” Bowser said. “Congress must immediately transfer command of the District of Columbia National Guard from the president of the United States and put it squarely under the command and control of the mayor of the District of Columbia.”

Republican state Reps. David Eastman of Alaska and Justin Hill of Missouri both said they went to Washington to object to the Electoral College votes of several states confirming Biden's election, but didn't participate in the demonstrations.

Hill described the Trump rally as “very peaceful.”

“But what I saw at the Capitol was not the same people," he said. “I wasn’t there rallying troops to overthrow the government.”

The president of the national Democratic Legislative Campaign Committee, Jessica Post, said "any Republican legislator who took part in yesterday’s insurrection, in Washington, D.C., or anywhere else in the country, should resign immediately.”

“Yesterday was a stain on our country’s history and a dangerous affront to democracy — all those involved have no place making laws,” Post said in a news release.

Washington, D.C., officials said the FBI and the local Metropolitan Police Department were leading the investigation into identifying the participants in Wednesday’s violence. D.C. police have arrested 68 people so far. The top federal prosecutor for the District of Columbia, acting U.S. Attorney Michael Sherwin, said 40 cases have already been presented in superior court and prosecutors plan to file 15 federal cases Thursday. Sherwin said “all options are on the table,” including sedition charges.

John Bryan, a West Virginia attorney representing Evans, was defiant that the delegate will not resign despite lawmakers from both parties seeking to expel him. The Republican speaker of the West Virginia House of Delegates, Roger Hanshaw, said Wednesday night that Evans will need to “answer to his constituents and colleagues” for his actions. Democratic leadership called for his prosecution. About 40,000 people signed a petition on change.org asking for Evans' removal.

“He committed no criminal act that day,” Bryan said in a statement late Thursday.

The two U.S. Attorneys in West Virginia said in a statement that they are in touch with counterparts in other states and “prepared to enforce the Rule of Law and the laws of these United States.”

Evans, a vocal conservative activist with more than 30,000 followers on Facebook, has not publicly posted on social media since issuing a statement Wednesday that he attended the events as an “independent member of the media to film history.” He took his Twitter account private late Wednesday and didn't respond to emailed questions.

“At no point was Mr. Evans located in the crowd on the West side of the (Capitol) building, nor anywhere else on the Capitol grounds, where violence and destruction of property was, or had been, occurring,” Bryan said.

In his now-deleted video, widely shared online, Evans is clamoring inside a jampacked Capitol building doorway, trying with others to push his way inside. He hollers along with other Trump loyalists and thanks a law enforcement officer for letting them in.

Andrew Harnik/AP
Capitol police stand with guns drawn near a barricaded door as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
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U.S. Capitol police officers take positions as demonstrators enter the U.S. Capitol during a protest in Washington, DC, on Wednesday, Jan. 6, 2021.
(Photo by Win McNamee/Getty Images)
A protester is seen hanging from the balcony in the Senate Chamber on Jan. 6, 2021 in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda as reported tear gas smoke fills a corridor on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump confront Capitol police officers enter the US Capitol on Jan. 6, 2021, in Washington, DC.
Photo by SAUL LOEB/AFP via Getty Images
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by Saul LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
Police hold back supporters of US President Donald Trump as they gather outside the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Win McNamee/Getty Images
Protesters gather inside the U.S. Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by Win McNamee/Getty Images)
A protester is seen inside the US Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits at a desk after invading the Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Andrew Harnik/AP
Capitol police try to hold back protesters outside the east doors to the House side of the Capitol in Washington, DC, Jan. 6, 2021.
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House of Representatives members leave the floor of the House chamber as protesters try to break into the chamber at the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington, DC.
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People shelter in the House gallery as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
WASHINGTON, DC – JANUARY 06: Protesters interact with Capitol Police inside the U.S. Capitol Building on January 06, 2021 in Washington, DC. Congress held a joint session today to ratify President-elect Joe Biden’s 306-232 Electoral College win over President Donald Trump. A group of Republican senators said they would reject the Electoral College votes of several states unless Congress appointed a commission to audit the election results. (Photo by Win McNamee/Getty Images)
TOPSHOT – Damage is seen inside the US Capitol building early on January 7, 2021 in Washington, DC, after supporters of US President Donald Trump breeched security and entered the building during a session of Congress. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: Two members of a pro-Trump mob look out through a broken window from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob screams out at the crowd from the inside of the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob shatters a window with his fist from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
AP Photo/Manuel Balce Ceneta
Supporters of President Donald Trump are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol, Wednesday, Jan. 6, 2021 in Washington. (AP Photo/Manuel Balce Ceneta)
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump sit inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Supporters of US President Donald Trump protest inside the US Capitol on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
Roberto Schmidt/AFP via Getty Images
Supporters of US President Donald Trump protest inside the US Capitol on Jan. 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer maces a Trump rioter who broke through a window on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Congress staffer holds his hands up while Capitol Police Swat team check everyone in the room as they secure the floor of Trump suporters in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer is treated for injuries on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Capitol Police Swat team member patrols the US Capitol in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
Photographer: Ting Shen/Bloomberg via Getty Images
A members of the U.S. Capitol Police responds to demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images
Photographer: Ting Shen/Bloomberg via Getty Images
Members of the U.S. Capitol Police respond to the demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images

Strolling the grand Capitol Rotunda, where historic paintings depict the republic's founding, Evans implores others to not vandalize artwork and busts, some of which would indeed be vandalized.

“Our house!” Evans yells inside Capitol halls. “I don't know where we're going. I'm following the crowd.”

Like several other political first-time winners in November’s West Virginia elections, Evans swept aside a Democratic rival to win his seat representing Wayne County. High GOP turnout credited to Trump elevated down-ballot Republicans in the state and gave the party a statehouse supermajority.

The chairwoman of the state GOP, Melody Potter, declined to answer questions about Evans.


Associated Press journalists John Raby in Charleston, West Virginia; Kimberlee Kruesi in Nashville, Tennessee; Becky Bohrer in Juneau, Alaska; Mark Levy in Harrisburg, Pennsylvania; Sam Metz in Carson City, Nevada; David A. Lieb in Jefferson City, Missouri; and Alan Suderman in Richmond, Virginia, contributed to this report.

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