CHARLESTON, WV (WOWK) — Delegate Derrick Evans was one of hundreds of protesters who broke into the U-S Capitol on Wednesday as Congress tried to certify the election of Democrat Joe Biden as president.

Vandalism was done to the Capitol, and five people died including a Capitol police officer. Derrick Evans, who was just elected to the House of Delegates, broadcast much of the disturbance on Facebook, claiming to be an independent media reporter.

Today Governor Justice made an announcement.

“West Virginia Delegate Evans charged federally, charged with entering a restricted area, according to federal department of Justice press conference, something the courts will have to handle,” said Gov. Jim Justice, (R) West Virginia.

Del. Mike Pushkin, (D) Kanawha: “Mr. Evans has been able to violate his oath of office, even before even taking a seat in our legislature. I think we have Republicans and Democrats that are going to come together and remove. Mr. Evans from office.”

This first opportunity for doing that is this Wednesday January 13, when the legislature opens at Noon. Anyone, including House Speaker Roger Hanshaw can make the motion, and then there will be a debate and vote. If at least 67 members say yes, Evans will be expelled immediately.

“Delegate Evans’s initial appearances and arraignments will take place in federal court in West Virginia, but if it goes to trial, he’ll be moved to the court system in Washington DC, and prison time is a possibility if convicted, said Mark Curtis, 13 News Chief Political Reporter.

According to the federal criminal complaint, the specific charges say Delegate Evans, knowingly entered a restricted building without lawful authority. He is also charged with violent entry and disorderly conduct on the U.S. Capitol Grounds.