Former lawmaker and Capitol rioter will spend more days in jail than he did in the West Virginia legislature
Trump supporters rioting at the US Capitol. (

Derrick Evans served 40 days as a West Virginia state legislator, but will spend 90 days in jail after being sentenced for his role in the Jan. 6 attack on the U.S. Capitol.

"Perhaps one of the more prominent defendants charged so far in the Justice Department’s sprawling Capitol riot investigation, Evans faced more serious charges than most other defendants because 'he was a leader in this riot. He was a leader on the ground, he was a leader on social media, and he was a leader in his state,' prosecutor Kathryn Fifield said Wednesday in DC District Court," CNN reported.

Evans resigned after being arrested two days after the coup attempt.

"In a video that Evans live-streamed to his public Facebook account and later deleted, he was approximately 20 feet away from the Rotunda Doors before they were breached. He narrated what he saw and heard, making remarks such as 'Here we go! Here we go! Open the doors,' and 'The door’s cracked We’re goin’ in!' Once he made it through the doors, Evans exclaimed, 'We’re in! Derrick Evans is in the Capitol!' Evans entered the Capitol at approximately 2:40 p.m. He walked through the Rotunda and Statuary Hall and left the building approximately 10 minutes later," the Department of Justice said.

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Evans pleaded guilty to a felony charge of civil disorder.

“I’m not a violent or destructive person. I’m a good person who unfortunately got caught up in the moment," Evans argued at sentencing.

He could have been sentenced to up to five years in prison and a $250,000 fine.