Ex-West Virginia delegate who stormed Capitol asks judge for probation — because he was 'courteous' to police
Capitol rioters (Photo by Joseph Prezioso for AFP)

On Tuesday, CBS News' Scott MacFarlane reported that former West Virginia state delegate Derrick Evans is asking a judge for leniency in his sentence for storming the Capitol on January 6.

Specifically, he wants probation and restitution, with no jail time — and his counsel argues he deserves it because he was "courteous" to Capitol Police while part of the mob.

"While the overall offense was serious, Defendant's personal role in that offense, i.e. his presence added to the interference of law enforcement during a civil disorder, was non-violent and, to an extent, minimal," said Evans' defense in a new filing. "That is to say, he didn't touch anyone and he didn't damage government property. Further, he discouraged others from engaging in such actions. He was courteous to law enforcement officers, even though he broke the law in entering a restricted area as part of the crowd."

"The need for promoting respect for the law and deterrence from breaking the law has been honored by Defendant his entire life — he's never been charged with a crime," the filing continued. "This event is an aberration in his otherwise exemplary life. There is no reason to believe as he approaches middle age that he will begin committing crimes."

Evans resigned almost immediately after taking office, as his role in the Capitol attack was made public and as he was hit with federal charges over the matter. He agreed to plea guilty in February.

He is not the only Republican politician to have been in the vicinity of the Capitol complex that day. Doug Mastriano, the far-right nominee for governor of Pennsylvania, also admits to being there, although his claim he never crossed any barricades has been contradicted by photographic evidence.