Serving Lucas, Ottawa, Sandusky and Wood Counties
Wood County Prosecuting Attorney Paul Dobson announced Friday, Sept. 5 that the prosecutor’s office has been asked to review the incident involving former Village of Walbridge police officer Michael Ervin to determine whether felony charges are warranted.
Ervin currently faces misdemeanor charges surrounding allegations that he was under the influence of alcohol while on police patrol during an incident last month.
To facilitate the review, Dobson requested that the current charges filed by the Walbridge Police Department against Ervin be dismissed without prejudice.
Dismissal without prejudice does not end the case, but it means that the same charges or new charges could be brought again in the future.
Temporary dismissal is necessary to protect Ervin’s constitutional right against double jeopardy, as conviction on the misdemeanor charges could prohibit prosecution for any felony charges.
Dobson said he could not comment on what potential felony charges may be levied until his staff has had an opportunity to fully review the matter.
“We have been in communication with all of the local law enforcement agencies that were involved in this incident, and they have all been fully cooperative,” Dobson said. “We can assure the public that all of the agencies are taking this matter very seriously, as will we.”
