Terms of the deal are confidential, a Defiance Press spokesperson said.
Evans filmed himself entering the Capitol building and urging others to do the same, while yelling at police officers trying to control the crowd. During his sentencing, he told U.S. Senior District Judge Royce C. Lamberth that he felt daily regret that he was “caught in a moment that caused me to break the law.”
But Evans has since repeatedly downplayed the violence and destruction and his own role in the riot, prosecutors noted in a letter to the court. In a radio interview broadcast the day after his sentencing, Evans said he was “never going to have any regrets when it comes to standing up and doing the right thing.”
He has since described himself as a “political prisoner” and expressed a desire to stand for election again. Evans was elected to the West Virginia House of Delegates in 2020 and resigned after his arrest last year. Before that, he was known as a divisive anti-abortion activist who filmed staff and patients visiting clinics in West Virginia.
“Although Evans’ sentence has already been imposed and the government does not here seek its modification, Evans’ speed and degree of about-turn justifies this opinion, for the record and for the edification of the Court” , wrote prosecutor Kathryn E. Fifield in the June 30. deposit.
Other participants on January 6 have made equally contradictory statements about their actions. The first woman convicted of illegally entering the Capitol, Anna Morgan-Lloyd, apologized profusely in court; the next day, Fox News aired an interview with her downplaying the attack. Lamberth and other federal judges have since expressed skepticism about the veracity of the remorse displayed by defendants in those cases.
Lamberth, who granted probation to Morgan-Lloyd, said in a filing that his “hopes were… dashed” and later imposed jail terms on several rioters who pleaded guilty to the same crime.
In sentencing for another rioter before another judge, Morgan-Lloyd’s defense attorney says the Indiana grandmother was ‘played’ by Fox News and wrote Lamberth to reaffirm his contrition.
Court records show that when Evans met with the FBI, he falsely claimed that the police had let rioters into the building and that he was only wearing a helmet to protect himself from anti-fascists, claims refuted by his own video. But prosecutors said they believe his remorse in those same interviews was genuine. He also told authorities he did not take the campaign to remove President Biden from power seriously; he has since argued that the election was stolen and that federal agents let rioters into the Capitol.
A spokesperson for the DC US Attorney’s Office declined to comment. A lawyer for Evans was unavailable for comment.
During Evans’ sentencing on June 22, Lamberth said he sympathized with the father of four, but would have ordered twice as much jail time if prosecutors had asked.
“You were encouraging people and you were encouraging them. It’s not like you walk through the building,” Lamberth said. “I have to send a message. I don’t want another riot after the next election.