Man Convicted of Driving Recklessly While Evading a Police Officer

Press release from the District Attorney’s Office:
District Attorney DA Blur

Today, Humboldt County District Attorney Maggie Fleming announced that after a six-day jury trial before Judge Marilyn Miles, jurors convicted Tennessee resident Ervin Sweat, 26, of driving recklessly while evading a police officer, a felony violation of the California Vehicle Code. 

The case against Sweat arose after an incident on June 28, 2014, when a Fortuna Police officer approached him in the McDonald’s parking lot on South Fortuna Boulevard in response to a citizen’s call regarding a driver who was possibly intoxicated.

Sweat fled in his vehicle, driving at speeds exceeding 100 mph and failing to stop at several intersections.  Fortuna Police were able to apprehend Sweat after he abandoned his vehicle and attempted to flee on foot. Officers recovered prescription pills, marijuana, and over $2000 in cash from Sweat’s vehicle after the chase. Prosecution of the case was delayed after Sweat failed to appear in court, and charges were brought against him in Santa Barbara for unrelated criminal misconduct.

The case has been referred to the Humboldt County Probation Department for a pre-sentencing report. Sentencing is scheduled for November 7, 2016. He faces a maximum sentence of 3 years.

Deputy District Attorney (D.D.A.) Luke Bernthal prosecuted the case with assistance from D.D.A. Brent Kling and the Fortuna Police Department. Sweat was represented by Deputy Public Defender Meagan O’Connell of the Humboldt County Public Defender’s Office.

  • Laytonville Rock


  • Any bets on him not showing up for sentencing?

  • Henchman Of Justice

    Concerned about “set up” opportunities? What about how to catch a criminal? Or, what about how to mess with anyone……Here is how, brought to you by gubbamint policy of fraud and corruption:

    ☆ whenever a public agency receives a phone call of some complaint, concern, whatever….the agency is required by law to respond…..

    Want to harass some person ya don’t like, call up an agency with a faux concern, they’ll “investigate”….


    1) You burn a permited burn pile (everything is legal)….some person wants to cause you trouble, calls 9-1-1… chumps come out…..admit they have to show up once they get a call……problem is that fire chumps trump up their service calls to show data not justifiable for funding……ya see, not too long ago, fire chumps had an answering machine to leave a message that a legal burn was taking place – no need to show up and no reason not to tell some concerned citizen or conspirator that a legal burn has been communicated previously…….no more answering machine and a phone call no longer matters……if smoke, the fire chumps show up, even if the fire chumps are told prior that a burn is going to occur… is all about getting onto your property, into your home and inside your bed…..

    2) Don’t like a suspicious vehicle or person, call 9-1-1 and claim intoxication…..

    ~”The case against Sweat arose after an incident on June 28, 2014, when a Fortuna Police officer approached him in the McDonald’s parking lot on South Fortuna Boulevard in response to a citizen’s call regarding a driver who was possibly intoxicated.”

    Response: No where do we read that the driver was or was not actually drunk…..

    Just know folks HOJ really does look out for constitutionally protected individual interests…..bad people make up bullshit knowing gubbamint agency types will intervene on a false accusation only meant to cause trouble for someone……of course, how the accused responds is a seperate issue…..a reason why faux community policing is flawed……people who make up bullshit because they are armchair judges, jury and executioner are the type of people who should be thrown in prison, classified as mother fuckers without no possibility of parole.

    “Possibly intoxicated”, “possibly molesting”, “possibly on fire”, “possibly this or that, possibly”…..

    A society of predicated possibilities is not reason validated to call gubbamint to intervene…….but gubbamint knows this and enjoys unconstitutional powers.

    • Bitter much……100 mph……..not acceptable.

    • Sounds like you got a lack of a burn permit citation.

    • Lost Croat Outburst

      “Sweat fled in his vehicle” . . . . “100 miles per hour. . . “. Sweat could have killed someone, maybe kids skateboarding. This has happened. What proof do you have that Sweat was being persecuted, other than your over-active imagination? What? When? Got anything?

  • We do live in crazy-land, but we still have societal conventions that apply to everyone. It is our responsibility to act decent in public, refrain from endangering the public, and to cooperate with LEO’s. Usually folks will do this willingly, It is a good idea not to flee at high speed, risk the safety of others, or, particularly, not to threaten the safety of the LEO’s.
    These points are basic conventions of society, not a government plot against the intoxicated. If you can’t live with this, go hang out in the forest or go live in Montana or North Dakota or Canada or Alaska or somewhere else big and empty. Please feel free to do your currently illegal, and legal drugs, and act insane, just don’t do it in town or put other folks at risk, since they may not react in a way that pleases you.
    Drunk in public is not an excuse for poor decision making or rude behavior.

  • Cue the banjo music!

  • On the other hand, Fortuna “The friendly City”, looks more to me like “Fortuna, the hostile, provincial, paranoid and xenophobic little town”. Suggest that they change the sign.
    In any case, the 24hr McDonald’s is probably not a good place for folks to congregate unless they understand that drunks get hungry after awhile and require sugar, salt and fat.

    Get high and listen to “Blows Against the Empire” again bro… If you want chaos and anarchy you will likely be disappointed.

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