New W.Va. delegate who videoed mob in U.S. Capitol says he will not resign By January 7, 2021 - 3:42 pm Delegate Derrick Evans is pictured at his new desk at the state House of Delegates. (Perry Bennett/West Virginia Legislative Photography) As soon as next week, West Virginia delegates could consider the removal of a newly-sworn in lawmaker who surged into a U.S. Capitol riot. New Delegate Derrick Evans, R-Wayne, is already subject of a public petition for removal, which has thousands of signatures. In a statement issued Thursday evening, a lawyer for Evans said he will not voluntarily give up the elected position.