The Ector County District Attorney’s Office has issued an ultimatum to Tommy Ervin, the president of the Ector County Utility District.
If Ervin does not provide evidence he was pardoned in a 1970s-era cocaine case or resign by Oct. 19, District Attorney Dusty Gallivan will file a civil petition to have Ervin removed from office by a judge.
“The bottom line is Mr. Ervin is holding office illegally,” Gallivan said Tuesday afternoon.
According to state law, convicted felons are unable to hold public office and Gallivan said he was recently presented information that proves Ervin was convicted of possession of cocaine on Oct. 6, 1976, and there’s no indication Ervin was ever pardoned.
Ervin insists he was pardoned in 1987. He believes the proof was lost when several boxes disappeared after the Texas Board of Paroles and Pardons moved from Huntsville to Austin and back again.
A lawyer he hired also discovered the Texas Board of Paroles and Pardons doesn’t even have a log showing who applied for paroles and pardons, Ervin said.
Ervin was unaware of the district attorney’s letter until a phone call from an Odessa American reporter Tuesday night. He’s confident the pardon isn’t going to be found within the 10 days he was given.
He’s not sure if he’ll resign or not.
“I probably won’t make up my mind until the last minute,” he said.
Gallivan said he was provided the information by Jeff Russell, the publisher of Odessa Headlines and the Odessa Development Corporation vice president.
Russell has been trying to get someone to investigate Ervin since last year.
The Texas Rangers declined to launch an investigation stating “the merits of the allegation did not rise to a level of Texas Ranger investigative involvement.”
However, despite that fact the Odessa City Council recently voted to go month-to-month with ECUD’s contract because of Ervin’s conviction and City Manager John Beckmeyer said he was going to ask Gallivan to investigate the matter.
Gallivan said last week his office does not investigate crimes. His office gets cases from law enforcement and his job is to decide to prosecute or not, he said.
On Tuesday, Gallivan insisted his office did not investigate Ervin. Rather, Russell provided his office information that they then verified.
“I didn’t want to do this. I think Mr. Ervin has done a great job serving his community, but I don’t get to put my personal opinions above the law,” Gallivan said. “There are no exceptions for being a good guy.”
Last week Ervin said he believes the City of Odessa is trying to harm his reputation because he has been consistently researching alternative water sources for West Odessans. If the alternative water sources decide not to deal with him, Ervin said the city believes they will continue to receive roughly $225,000 a month for water from ECUD and potentially benefit once Nacero’s carbon capture plant becomes a reality in Penwell.
By the time Nacero is completely built out in 2033, it will require 8.7 million gallons of water a day, Ervin said.
Beckmeyer has refuted that idea.
“That allegation is without merit. I have no interest in discrediting anyone, only doing what’s in the best interest of the citizens of the City of Odessa and West Odessa,” Beckmeyer said.
He said his primary concern is whether the contract between ECUD and the city is valid.
“Some people are under the impression that we’re out to get Tommy Ervin, we’re really not. We just want to make sure that we have valid contracts and it’s not just us, it’s anyone that has a contract with ECUD needs to make sure the contracts are really valid,” Beckmeyer said.
On Tuesday, Ervin said he’s still befuddled.
“The question is what is their big picture? How come Jeff Russell, Kris Crow and Tish Crow want me out of office so bad and the only thing they ever come back with is, ‘It’s the law?’” Ervin said. “We’ve done so much out here with ECUD, why does it bother you inside the City of Odessa?”
Even if he ends up losing his position, Ervin said he will not stop working on behalf of West Odessans.
Since becoming embroiled in this battle, Ervin said he’s been praying on the situation and will continue to do so.
