An ex-Juneau Police Department officer who is currently serving a 4 1/2 year jail sentence for tampering with a witness recently applied to be released on electronic monitoring, but was denied.
State of Alaska Department Of Corrections Special Assistant Richard Schmitz confirmed in a phone interview Thursday that Brian Todd Ervin, 39, was denied release by his institutional probation officer. That decision was then reviewed and approved by the DOC Deputy Commissioner Sam Edwards, Schmitz said.
“(Ervin) did not qualify, basically, on a scoring matrix,” Schmitz said.
Schmitz said the scoring matrix considers numerous factors, such as the crime, the length of the sentence and future housing and job scenarios.
Ervin was initially charged in the fall of 2010 with three counts of sexual abuse of a minor. Those charges stemmed from conduct from April 2008 to June 2010 while Ervin was still a police officer. They were all dismissed in a plea deal reached with prosecutors.
Ervin ultimately pleaded ‘no contest’ in August to one new count of attempted interference with official proceedings. That charge stemmed from trying to contact the victim as the criminal case was pending in court.
He was sentenced this February. A timeline for when Ervin applied for electronic monitoring and when he was denied was not immediately available.
Ervin remains in custody at Lemon Creek Correctional Center — for now. Schmitz noted Ervin can re-apply for electronic monitoring in the future.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (6)
Add commentA little justice (just a little)
Well, thanks for the good sense of his PO. This officer got a free ride on three counts of sex with a minor--wait, sexual abuse of a minor as an officer of the law--an authority figure that child should have trusted with her safety. And now he wants EM? Outrageous! I don't normally wish ill will on others, but I can only hope he gets a taste of his own medicine, however that might come to him.
Keep him in there!
not just sex abuse with a minor, but his own daughter! Keep him in there. Let the BIG guys in there teach him it is not okay to mess with a child, and how repulsive on his own child. That man is sick and there is no form of rehabilitation that could (help) him get through this. Leave him in there and throw away the key! How could our justice system give him just a slap on the hand? Is it because he was an officer of the law? Is that what makes his punishment to such a serious crime so little?
Thank you scoring matrix!
I can't see how it would be safe for Brian Ervin to be unsupervised around children unless the monitor can alert the authorities when he is sexually abusing someone.
Many people in Brian's life are in complete denial about the fact that he raped 3 people that we know about. There are people that still trust Brian, most importantly his wife and youngest daughter which creates another opportunity for abuse.
Juneau, don't let Brian Ervin's elaborate camouflage fool you and guard yourselves against his sickness.
What I can't believe is...
That the guy who stole the beer truck was sentenced to eight years. Eight years??? While this predator of children and one who is supposed to be trusted to care for others is basically given a slap on the wrist and given half the time of a beer thief!!! Un-fricken-believable!!!! Since when is there more value placed on a truck and beer then the mental and physical welfare of a child???? Our justice system is sorely lacking in the justice department.
What's the matter, officer?
Is life behind bars proving to be difficult for a chester (child molester)? You're in a better place.
everyone is right
I have known this family for some time now. I feel helpless because I know the other 3 children are at risk. Mr. and Mrs. Ervin are both very, very sick people; when he gets out and they move somewhere else, he does not have to register as a sex offender and it will all start over again. With new people in their lives who will trust them both.
He committed a heinous crime, and basically got away with it. Mark my words, he will strike again. Sociopaths believe they can do anything.
I have taught my children that police officers are to be trusted and that the justice system works. When this coward gets out, the man who stole the beer truck will still be on the inside. Seems as if I unintentionally lied to my children. Who can people trust? Why did the justice system fail?
Thank you to the institutional parole officer with good sense.