Sorry, not sorry: Jan. 6 rioters change tune after apology

ALANNA DURKIN RICHER and MICHAEL KUNZELMAN Associated Press

WASHINGTON — Appearing before a federal judge after pleading guilty to a felony charge in the deadly Capitol riot, former West Virginia lawmaker Derrick Evans expressed remorse for letting down his family and his community, saying he made a “crucial mistake.”

Less than a year later, Evans portrays himself as a victim of a politically motivated prosecution as he runs to serve in the same building he stormed on Jan. 6, 2021. Evans is now calling the Justice Department’s Jan. 6 prosecutions a “miscarriage of justice” and describes himself on twitter as a “J6 Patriot.”

<p>Derrick Evans is shown during his Dec. 1, 2020, swearing-in ceremony to the West Virginia House of Delegates in Charleston, W.Va.</p>

Will Price, West Virginia Legislative Photography

Derrick Evans is shown during his Dec. 1, 2020, swearing-in ceremony to the West Virginia House of Delegates in Charleston, W.Va.

“Some ppl have said I need to apologize and condemn #J6 if I want to win my election as the media will attack me,” he tweeted recently after announcing his bid for a U.S. House seat in 2024. “I will not compromise my values or beliefs. That’s what politicians do. We need Patriots not politicians.”

Evans joins a series of Jan. 6 defendants who — when up against possible prison time in court — expressed regret for joining the pro-Trump mob that rattled the foundations of American democracy only to strike a different tone or downplay the riot after receiving their punishment.

The very first Jan. 6 defendant to be sentenced apologized in court and then went on Fox News Channel shortly after and seemed to minimize the riot. Another defendant who called Jan. 6 “horrifying and disgusting” later donned an orange jumpsuit to play the part of a distraught prisoner in a bizarre tribute to imprisoned Capitol rioters during a conservative conference.

Some defendants drew ire from judges or the Justice Department for their inconsistent comments. But because some conservatives hold up Jan. 6 defendants as martyrs, there’s a political and possibly financial incentive for them to change their tune.

It could push judges to impose stronger punishments for rioters who haven’t yet made it to the end of their criminal cases. Even before Evans’ sentencing, the judge who heard his case began questioning the sincerity of rioters’ apologies after he felt duped by another defendant, saying he was “all too familiar with crocodile tears.”

In some cases, judges questioned whether they should undo defendants’ convictions or plea deals after they made statements in public that appeared to go against what they said in court. On Friday, U.S. District Judge Amit Mehta ordered an Illinois man convicted last week to explain why the judge shouldn’t vacate his conviction after he agreed in court that he participated in the riot and then told a newspaper he didn’t actually think he committed the crimes with which he was charged.

Before being sentenced last June to three months behind bars for a civil disorder charge, Evans said he regrets his actions every day and told Senior Judge Royce Lamberth he is a “good person who unfortunately was caught up in a moment.”

<p>FILE - Insurrectionists loyal to President Donald Trump, storm the Capitol, Wednesday, Jan. 6, 2021, in Washington. Three active-duty Marines have been charged in the riot at the U.S. Capitol. Court records show that Micah Coomer, Joshua Abate and Dodge Dale Hellonen were arrested this week on misdemeanor charges after fellow Marines helped investigators identify them in footage among the pro-Trump mob on Jan. 6, 2021. (AP Photo/John Minchillo, File)</p>

John Minchillo

FILE - Insurrectionists loyal to President Donald Trump, storm the Capitol, Wednesday, Jan. 6, 2021, in Washington. Three active-duty Marines have been charged in the riot at the U.S. Capitol. Court records show that Micah Coomer, Joshua Abate and Dodge Dale Hellonen were arrested this week on misdemeanor charges after fellow Marines helped investigators identify them in footage among the pro-Trump mob on Jan. 6, 2021. (AP Photo/John Minchillo, File)

Shortly after, prosecutors wrote to the judge about several statements Evans made on a radio show and that were “inconsistent with the contrition” he showed at sentencing.

When asked whether he regretted his actions, Evans said on the show that he regretted the “situation” he was in. But he said he was “never going to have regrets when it comes to standing up and doing what’s right.”

Evans said in an email to The Associated Press that he still stands behind what he said in court.

“That was my message to the judge. This is my message to the media. It’s time to tell the real story of what happened personally to me that day,” he said.

Evans said he lost “almost everything” — including his job as a state delegate and time with his kids — because of his decision on Jan. 6. “How could I not regret that?” he asked. But he said he is “done being portrayed as a villain” when he is not, noting that he didn’t overrun any officers and was inside the Capitol for only 10 minutes.

When determining an appropriate sentence, judges generally take into account whether defendants took responsibility for their actions and appear genuinely sorry. In some Jan. 6 cases, judges faulted defendants for not appearing to show true remorse even before their punishment has been handed down.

A lawyer for Trennis Evans III, who took a swig of whiskey in a congressional conference room during the riot, told the judge in court papers that Evans was “sincerely remorseful, and duly contrite.” But after Evans suggested at his November sentencing that Jan. 6 defendants were being treated unfairly — even though he said he condemned what happened that day — the judge said she didn’t believe he showed “full and genuine remorse.”

Months after he was ordered to serve 20 days in jail, the Texas man traveled to South Dakota to urge state lawmakers to support a resolution encouraging “the humane and fair treatment” of Jan. 6 defendants. The resolution failed by unanimous vote.

The first Jan. 6 defendant to get her punishment, Anna Morgan-Lloyd, told Lamberth she was ashamed of the “savage display of violence” at the Capitol before he sentenced her to probation.

Shortly after, however, the Indiana woman told Fox News host Laura Ingraham that people were “very polite” during the riot and that she saw “relaxed” police officers chatting with rioters.

Lamberth apparently hasn’t forgotten about it. The judge wrote in court papers that he hoped another defendant’s “change of heart” was sincere because his hopes were “dashed” in her case. In another case, he wrote that he “often finds it difficult to ascertain the sincerity” of Jan. 6 defendants’ remorse.

“Many defendants appear sincere at sentencing, boasting of their purportedly deep shame, regret, and desire to change and be law-abiding citizens,” Lamberth wrote. “But this Court is all too familiar with crocodile tears.”

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