North Central High School teacher, coach found not guilty of sex crimes

A Spokane County jury on Wednesday acquitted a North Central High School teacher and coach accused of inappropriate sexual conduct with two 16-year-old girls in his class .

The two girls testified that their in-school suspension teacher, Andre Ervin, 48, inappropriately touched them during class, engaged in inappropriate conversations with them and used one of the girl’s phones to view nude photos of her last March at the Spokane high school.

Ervin denied the allegations, telling police he could have handled the situation better.

Ervin acknowledged engaging in conversations he should not have and said he was not proud of himself, according to court documents.

The jury of 11 men and one woman reached the verdict after about two hours of deliberation between Tuesday and Wednesday after a weeklong trial that included testimony from Ervin and the two girls. As Ervin stood next to his attorney, Bevan Maxey, Spokane County Superior Court Judge Jacquelyn High-Edward read each not guilty verdict from the jury Wednesday morning.

One of the victims and her mother left the courtroom before the proceedings were over.

“I’m just extremely grateful,” Maxey said. “Obviously, the jury listened very carefully to all the evidence that was presented, to the arguments that were made.”

He said he was happy the justice system positively served Ervin.

“This is a man whose dedicated his life to helping young people,” Maxey said. “So, I’m just very, very happy for him and I hope that everyone else will accept this verdict and understand so that he can move forward in his life without anything that inappropriately taints him.”

Ervin faced charges of sexual misconduct, possession of depictions of a minor engaged in sexually explicit conduct and two counts of communication with a minor for immoral purposes.

Spokane County Deputy Prosecutor Hannah Stearns said she appreciated the jurors’ service on the long, difficult case.

“I’m just really proud of our two victims for having the courage to testify against somebody who was their teacher, and the jury has spoken,” she said.

One of the girls testified she and Ervin passed notes in class before Ervin rubbed her thigh and put his hand inside her shirt, touching her breast. She said Ervin asked her if she could stay after school that day, but she didn’t.

The two exchanged emails after class and that Ervin apologized for “brushing” up against her and it was a tight space in that area of the classroom, the girl said.

The next day, the girl and her friend, the other victim, were both in Ervin’s in-school suspension class.

The girl who claimed Ervin touched her breast said Ervin engaged in inappropriate conversations with the girls that day.

She said Ervin asked if she had nude photos of herself on her phone, which she said he took to the bathroom on two occasions and remained for several minutes.

She said Ervin told her, “Those are really nice pictures.”

Maxey pointed the jury to what he perceived were inconsistent statements made by the girls.

He questioned how Ervin’s alleged inappropriate conduct could have taken place in a room full of students; why the girls returned to class after the inappropriate touching; and why the girls took almost two weeks to report the crimes.

Ervin was placed on leave from “all district positions” because of the charges, according to an email last year from Spokane Public Schools.

Ryan Lancaster, Spokane Public Schools spokesman, wrote in an email Wednesday the school district is aware of the trial’s conclusion and its human resources department is “moving forward with due process to address employee conduct.”

Maxey said there’s no reason Ervin cannot teach or coach again.

“I know that this has been extremely hard on him and his family, so I’m sure he’ll take a deep breath,” he said. “But I know that he wants to continue to serve his community.”