Jury can’t decide if Pittsburg man killed exploited Oakley teen, but acquits him of first-degree murder

OAKLAND — Nearly seven years after a 17-year-old girl was gunned down behind a recreation center along International Boulevard, her accused killer finally had his day in court.

But at the end of a trial that spanned nearly two months, jurors were unable to reach a complete verdict for 28-year-old Pittsburg resident Darion Brown. They did acquit Brown of first-degree murder, but couldn’t decide on second-degree murder or manslaughter, according to court records.

The partial result led to a mistrial in Brown’s case, which could now either be tried again, set for plea bargaining, or dismissed outright. Brown is charged with killing 17-year-old Alexis Leann Ervin, an Oakley girl who was shot a half-dozen times a little before 7 a.m. on June 8, 2016, behind the Rainbow Recreation Center, 5800 International Blvd. in Oakland.

During Brown’s trial, which began in February, his attorney argued there were several other people present during the shooting, any one of whom could have killed Alexis.

In court papers, prosecutors have described Alexis as a “sexually exploited teen” and claimed that Brown was both trafficking her and her boyfriend, though human trafficking charges against Brown didn’t make it to trial. They allege that shortly before the shooting, Brown and Alexis took selfie photos together about a block away from where Alexis was killed, and that he fired a total of 14 shots at her.

Brown was arrested at a Berkeley gas station the same day as the shooting by an officer who responded to a report of Brown apparently in a mental health crisis. A firearm, along with a hairbrush containing Alexis’ DNA, was found in his backpack, authorities said. During a subsequent police interview, Brown denied shooting anyone, court records show.

During the nearly seven-year gap between Brown’s arrest and the trial, Brown moved to fire his public defender and represent himself, but ultimately relented on that front. In 2018, a judge found Brown mentally incompetent to stand trial, and ordered him hospitalized so doctors could “restore” him to competency and return him to county jail to face trial.

While still awaiting transfer to the state hospital system, Brown allegedly threw urine on an Alameda sheriff’s deputy in the jail, and was later charged with a misdemeanor. That case is still pending, though it may be difficult to prosecute because of the court’s finding regarding Brown’s mental illness.