Franklin Ervin was charged with murder two years ago, but the case was dismissed after the defense accused police of unduly influencing an eyewitness to identify him.
OAKLAND — Two years after a Bay Area man beat a murder charge in Alameda County after his attorney accused police of improperly influencing an eyewitness, a federal judge has sentenced him to two years in prison for possessing a gun he reportedly dropped while running from police.
Ervin was charged with possessing a pistol that was recovered after officers attempted to arrest him in July 2021 as part of an investigation into three San Francisco-based gangs known to hang out in Oakland. Ervin got away from the police after a Honda pulled up to give him a ride during a foot chase, but dropped the pistol as he ran, according to prosecutors.
Ervin’s attorney wrote in a motion filed Aug. 26, 2020 that Oakland police detectives presented an eyewitness with a photo lineup containing five pictures of men aged 30-54 and one photo of Ervin, who was in his early 20s. The witness had already both stated that the killers were men in their early 20s and that he didn’t see their faces. The defense argued that police set up a situation where Ervin was the only person in the lineup who looked remotely like the suspects the witness described.
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