CHARLESTON — Derrick Evans, the incoming member of the West Virginia House of Delegates who recorded himself breaking into the U.S. Capitol Building Wednesday with a mob to halt the certification of the presidential election, is facing criminal charges.

The U.S. Department of Justice announced Friday Evans was charged with illegal entry of a restricted area and unlawful entry. The charges were announced on a conference call Friday afternoon.

Attorney John Bryan issued a statement Thursday on behalf of Evans, a newly elected delegate for Wayne County who is facing calls to resign or be removed from the House of Delegates and could face criminal charges for his part in storming the Capitol.

Bryan said Evans committed no crimes Wednesday, only acting as an observer and claiming journalistic protections. Evans traveled with a group of West Virginians for a “Stop The Steal” rally in Washington D.C. challenging the election results that say President Donald Trump lose and former vice president Joe Biden be declared President-elect.

“Mr. Evans did nothing wrong on January 6, 2021,” Bryan wrote. “He was exercising his First Amendment rights to peacefully protest and film a historic and dynamic event. He engaged in no violence, no rioting, no destruction of property, and no illegal behavior.”