A new plea agreement has been reached in the criminal case against former Juneau police officer Brian Todd Ervin, according to sources associated with the case.
The agreement calls for Ervin to serve four years in prison, which is at least double the time agreed to in the previous plea deal, the sources said. Ervin pleaded no contest in the fall of 2010 to a charge of attempted interference with official proceedings after originally facing multiple counts of sexual abuse of a minor.
In a phone interview with the Empire, Erik Ervin said he had called the district attorney on Friday for an update in the case, and District Attorney Dave Brower informed him a new plea deal had been negotiated. That agreement calls for four years of jail time, he said.
“He said it’s double than what was on the table before, and that he seemed to be pleased,” Erik said.
Erik said that the new deal still isn’t enough.
“He’s still going to get out and be around kids, and that’s a problem and misses the point of all this, in my opinion,” he said.
Erik Ervin is Brian Ervin’s half-brother. At a sentencing hearing earlier this week, Erik testified Brian had sexually abused him and another family member during their childhoods. That new information caused the sentencing hearing to be continued until Feb. 10.
The Empire does not publish the names of victims of sexual abuse without permission, which Erik Ervin gave.
Brian Ervin had originally been accused of sexually abusing a minor, who is now 18. She echoed Erik’s sentiments, and intimated she was not consulted about the new plea deal. The woman, who has asked to be identified only as “SAM,” said she was told about the new plea deal Thursday evening after it had already been negotiated. SAM are the initials for sexual abuse of a minor, the crime Brian Ervin originally faced.
Brian Ervin denied Erik’s allegations in court earlier this week, and has consistently denied sexually abusing the minor.
Both Brower and Brian Ervin’s attorney Julie Willoughby refused to comment on the negotiations or any new plea deal.
“I’m not going to talk about anything involved with the Ervin case,” Brower said.
Brower said it would be discussed at the hearing next Friday in Juneau Superior Court.
When asked if this meant both sides had agreed and the case was closed, Brower said, “What part of ‘the negotiations I’m not going to talk about’ did you not understand?”
Brian Ervin’s no contest plea in August stemmed from his attempt to contact the victim as the criminal matter was pending in court.
The previous plea agreement reached with prosecutors called for Ervin to serve somewhere between a minimum of one year in jail and a maximum of two years.
That deal also stipulated there would be no conditions of probation prohibiting Ervin from contacting minors and he would not be designated a sex offender. Whether the new plea bargain contains similar stipulations was not immediately known.
Erik Ervin said he sat down with the Juneau Police Department for an official interview detailing the alleged abuse before he flew back to Texas on Tuesday evening. He is from the Dallas-Fort Worth area.
“I gave a full interview, every detail I could remember — from the abuse to me, to where he worked, to certain dates, and I drew out a family tree of all of his siblings, gave their ages and their contact information,” Ervin said.
Ervin said the other relative alleging abuse by Brian Ervin gave an interview to local police in Texas on Friday morning.
That interview was set up by the JPD, he said.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com, and Klas Stolpe at 523-2228 or at klas.stolpe@juneauempire.com
Comments (33)
Add commentProfessional Courtesy
Taking care of their own.
Is This A Joke!
Maybe this story should make National News and then it might get the public outrage and victim support that it deserves. If this man is so innocent then why would he plea bargan and add more time to lesser charge? Send him down here to Texas for a trial we will take care of the problem.
Wow.......
Is there no limit to the hypocracy in our judiciary? The "Good Old Boys" network is alive and well in Juneau, Alaska. Wear a uniform and you can rape, rob and pillage at your discretion without measurable consequences. For God's Sake, his conviction isnt even a barrier crime !!!
http://www.hss.state.ak.us/dhcs/cl/bgcheck/assets/BarrierCrimeMatrix.pdf
Right back in business after his release. Unrestricted access to children, and he could actually work in law enforcement again. Makes me so proud to be a taxpayer....
Dont blame JPD etc. blame
Dont blame JPD etc. blame Juneau in general. The attitude of Juneau is "if it doesnt affect me personally and it takes to much effort to have an opinion, then i'll only whine or post about it"
As mentioned this is typical of JPD< Juneau, And the courts in ALASKA.
Did I read it wrong because i seem to remember the original had no jail time only a year probation with no restrictions.
Vote those that caused this problem away at all levels. Who hired the Chief that supports this, the D.A., the Judges etc.?
siegnawons hit the mark
Just a few weeks ago there was an article about some tweener flashing his weenier and a majority of the comments were to say it was normal.....I assume officer friendly here would have been seen in the same light when he was a child flashing the girls....
Juneau needs to get a grip on reality, this guy at the very least should be registered, will we never learn!?
My hope is we have the Amber Alert system in place by the time the molester/child rapest is paroled in 6 months....
once a pedophile, always a pedophile
I agree with the first 3 comments. And the next 2 are from people who are obviously the saaviest people in Juneau.
Why would this monster have accepted a plea bargain the first time if he was not guilty? And now we know he has family other than the ones he swore were his only relatives.
I, and many others, do not understand the apparent cluelessness (if, in fact, that is all it is) in the DA's office.
Pedophiles are not able to be rehabilitated.
Juneau parents: if you have a 6 year old, you might want to move before their 10th birthday.
Let's get one thing straight!
Let's get one thing straight! There is no "protecting their own" when it comes to police in this case! JPD had NO problem eating their own when it came to this animal! There is not a single officer in that department who feels sorry for him, or isn't disscusted at this plea deal!
You may not always like the police and you may not always agree with how they handle things but you can't possibly think they would support a POS like this!
@really
It's not to be assumed that JPD prosecuted this case. The fact is, this case wasn't even prosecuted. The whole closed door deal still smacks of good old boy courtroom procedure. Lest we forget, they all get their checks from the same folks. Us. Maybe someone has pictures of the DA with a goat. Whatever the reason for this man to be able skate, it stinks. The courts owe their employers (us) an explanation. The truth. The court rulings are public record and this case can't be "special". As for how JPD handles things, I guess you just have to witness some of their handling first hand. And make no mistake, Juneau courts are partial to law enforcement entities.
@skirkz
JPD does not prosecute cases, that is the job of the DA. Second, this dirtbag stopped being an officer when he decided to rape his underaged daughter!
However you may feel about our officers here in Juneau or anywhere else for that matter, it would be hard to believe that they would want to consider Ervin a "Good Ole' Boy"! Most officers I know wouldn't [filtered word] on him if he was on fire!
Sometimes it takes a while
Sometimes it takes a while for things to be fleshed out. I wouldn't be surprised if more charges are brought after relatives of this man (and possibly others?) come forth. If more charges are filed, it will be easy to find him as he serves his time.
I know I'm often at the front
I know I'm often at the front of the lynch mob here on the forum. It's fun to sound off and get all riled up. Nonetheless, I really doubt if anybody in the legal process gave this piece of $hit a break due to his having been a cop. I think he got nailed with whatever anybody else would have considering the circumstances.
Let's all chill out. We all have lots of preparations to attend to before tomorrow's game.
tribunal
Its too bad the citizens dont have some sort of tribunal, other than the ballot box, to hear the judges and DA's reasoning on cases like this. But a jury of peers has proven no better as in the case of Casey Anthony. An old attorney saying is " there is no justice in the justice system".
Brian Ervin, An Honorable man
Brian Ervin is a personal friend of mine and we have witnessed the cost to he and his family firsthand. He has been in Max at Lemon Creek since he voluntarily started serving time to get started on his sentence. Since he was a police officer they have placed him in Max, this before he was required to start serving. For those in the forum who would convict him of being guilty of the charges brought by the state, shame on you. They have not prosecuted this case but sought to plea it out, sounds odd doesn't it, two years and the resources they have and they chose to make a deal. He has maintained his innocence from the very start, and despite all the scrutiny during the case nothing has been brought forward to convict him of the allegations brought forward by the state. He was not found guilty of the charges. He and his family has endured two years of hell by Child Protective Services and the District Attorney. There is a saying that you cannot fight city hall and it applies to CPS and the DA as well. The DA is effectively under the authority of CPS. If the DA had a case they would have sent him away for a much longer time. Surely, the DA would have jumped at the chance. The opportunity to be seen doing his job and getting justice for the community would be too great to forgo for a plea deal. But alas, they have not wanted this case to see a trial by jury, offering the plea deal to keep from looking like fools. Doug Gardner, prior DA, decided to pursue this, so the sitting DA is just going with what was in motion when he took the helm in Juneau. I had hoped for a righteous man to stop this at some point, unfortunately none has emerged. At some point those involved in the persecution of the Ervin family, like all men who pass from this life, will they themselves be called before a court, and they will be found guilty, for they will have blood on their hands. This court will be a true court above corruption, the timing is unknown. The Juneau Empire will not write a story about it, they will not have access to this court, but that won't matter much. At that time there will be no connections to allow them to avoid judgment, this I believe to be true. I will stand by Brian Ervin, for he is an Honorable, Innocent man.
Filthy Cop
This cop is filth and so is the judicial system. This is what happens when you hire out of state. If it had'nt been a cop and just a regular person, we as citizens would be spending a long time behind bars. He will get his in jail (justice), they don't like child molesters, still it's the system that should bear that burden of justice from there peers(inmates)
Men not angels
Before you pass judgment on Brian Ervin I would remind you that the men and women involved in the court system are not angels. If they had a case they would have nailed him to the wall, DAs love these kinds of cases because it helps their images. After 2 years the state has managed to get a plea deal, not exactly the outcome you bloodthirsty forum readers would like, but you can just deal with it. Perhaps the evidence the state has is weak, this would make them offer this kind of deal. He was not convicted on charges brought initially, and has maintained his innocence. Brian Ervin is a personal friend of mine and he is an Honorable man.
brane....
really????.....you gotta be a joke...honorable?! Maybe getting "hon" her, thats as close as he gets to honorable....
SEAK Dave
I don't know you and probably do not know me. But I do know Brian Ervin and will go against the flow because I do not believe he is guilty, he has certainly not been proven guilty in a court of Law. He and his family have endured a hell I would not wish on anyone over the last couple years. CPS and the DA have blood on their hands and will one day have to answer for this. I will stand by my friend Brian, it does not matter what the barbarians in this forum say.
brane
I have several friends that have been brought up on charges such as these....I know completely the "hell" the person and family deal with ""Guilty before proven innocent" is the charge in most cases. You are correct, I don't know you, and I don't judge you at all. I must say though, you never really know your friends or family members for that matter.
I'll say this, for the sake of Juneau's youth, I hope I am wrong in my presumption of Mr. Ervin and his past history proves me wrong...sadly, I doubt it, and this isn't the last we hear about Mr. Ervin.
I stand by my Amber Alert statement
Brane
I do not know you nor do you know me but I can assure you your friend is as guilty as hell. I have intimate knowledge of his young life, and both sides of his family. Including his siblings that allegedly do not exist and his father that he allegedly has not had contact with since he was two years old. You refer to CPS so you must be from Texas also because they are refered to as OCS in Alaska. Before you so adamantly support your "friend" you should pray for your own soul and your children that they dont have anymore contact with him.
That's why it's Brane. And
That's why it's Brane. And not Brain.
My only contact
with Erwin was as the victim of a crime and he was the investigating officer. He was a monumental failure in that situation, otherwise I have no true opinion of him. Innocent until proven guilty.
That said, if he was as innocent as he claims then why not go to trial and have the situation addressed? Why get a "backroom deal" and a free pass on it if there is nothing to hide?
My biggest complaint is the system that prosecutes. The D.A. for offering a deal to add to his win column with no effort, no true investigation, and no chance of loss. The Police who's investigation equals my experience with Erwin, and a Judge that would accept it. How about the Police Chief who is willing to have it brushed under the carpet to save any tarnish on those in Blue.
Why isnt there any prosecution? Someone mentioned the Anthony case, right or wrong she had her day in court and was aquitted. A poor offense obviously. The D.A. wants to avoid the same claim "a poor offense on his record. Afterall the reputation (record) of the Police Department (Chief), and the D.A. is much more important than the rights of a victim.
Whether Erwin is innocent as claimed, or guilty as suspected go to court and have it hashed out legally. Seek Justice for both sides.
Way to go on the thorough
Way to go on the thorough pre employment background checks. Seems like someone should have been able to dig something up on this guy when he applied with JPD
Really. Any fool knows PD's
Really. Any fool knows PD's and DA's and staff work hand in hand.
What is more, there are still a few (officers?) who never got prosecuted that should have walking our streets.....probably most here can name someone for this type crime and are still on this side of the LCC security fence.
If this is justice then he should get what others have gotten. Or, bring out the many who are sitting in jail with little hope to get out any time soon.
While I agree with the folks
While I agree with the folks who want to see the book thrown at this guy if indeed he is guilty of the crimes for which he is accused, I think that at times a compromise is required. I haven't seen the evidence against him and I'm not an expect on prosecuting crimes so I don't know how much of a chance there is of nailing him were an actual trial to take place. As a consequence, the prosecutors are often required to make deals in order to assure that some day time is done. Further, plea deals save huge amounts of money.
Besides, there's a good chance that this guy will end up getting shanked in the joint during the course of his four years in.
Contact? Why else
did he try and contact his victim? Or was it victims? I have no room on my "sorry" plate for guys like this! Why else was it settled behind closed doors? Without a jury of his peers? They look out for themselves. This whole town is like that! If you're someone that is in "that" circle, you will be protected. What does a mafia do??????
4 years seems insufficient .
4 years seems insufficient . The District attorney's office should re do their prosecution.I think that the majority of juneau and alaska residents would tend to agree with me on this.
who investigates those in charge?
Brian Ervin is a Mason. Any Masons in the DA's office? The PD? Like the mafia, as someone mentioned, the Masons take care of their own.
Shame on You Brane!!!
Not surprising that someone has to come on here and stand up for that piece of s&%(. Same thing happened in our case. What would be the incentive for a child to lie Brane?? Why would a child want to wreak havoc on their own lives to falsely accuse their own parent of such unspeakable acts?
Brane, you are just a guilty of victimization of SAM as her father. And one day, you will receive the same judgment. In this life or the next.
interesting comment
I find it interesting that someone said these cases make DA's look good. Mr. Brower is looking like a criminal alongside the defendant. Why can't he seem to communicate anything about the plea deal? I'd like to see why he doesn't think SAM is credible.
Also, look at how condescending Brower is:
When asked if this meant both sides had agreed and the case was closed, Brower said, “What part of ‘the negotiations I’m not going to talk about’ did you not understand?”
How sad!
Once again justice has failed Juneau. But someone who gets a DWI is screwed. But this guy, come on!