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Bail set for father charged in children's deaths

Staff photo by KATE CALDWELL

Michael Ervin Jr., 26, faces two counts of aggravated manslaughter of a child in the Aug. 13 deaths of 18-month-old Zionna Ervin and 5-month-old Kaden Warren.

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Published: September 8, 2009

Updated: 09/08/2009 11:28 am

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TAMPA - A Valrico man charged in the deaths of his two children will be held on $200,000 bail, a judge ordered today.

Michael Ervin Jr., 26, faces two counts of aggravated manslaughter of a child in the Aug. 13 deaths of 18-month-old Zionna Ervin and 5-month-old Kaden Warren. He had been held without bail since his arrest Aug. 28.

As part of the bail conditions, Hillsborough County Circuit Judge Walter Heinrich prohibited Ervin from having any children in his custody and from leaving the county.

The medical examiner's office has said Ervin's children died of environmental hyperthermia. Authorities say they had elevated core body temperatures – Zionna's core temperature was 109 degrees and Kaden's was 105 degrees.

Authorities have said the children were apparently lifeless when Ervin took them to Brandon Regional Hospital. Investigators got a warrant to search a car but have not confirmed whether the children died from being left in a hot vehicle.

At today's bail hearing, sheriff's Detective Nicole Morgan said two coworkers of the children's mother, Enidlin Warren, heard her tell Ervin during a phone call, "What do you mean their lips are blue? What do you mean they're locked in a car?"

Deputies say Ervin gave conflicting accounts of when he awoke the day his children died and when he noticed they were unresponsive. In one of the stories, Morgan said, Ervin told investigators he took the children to the hospital because he didn't want to pay $100 for emergency transport.

According to an arrest report, a witness told investigators Ervin came to his house about 11 a.m. that day with Zionna and Kaden in tow and that he and Ervin smoked pot together.

Morgan said the children didn't have any underlying health conditions that would have contributed to their deaths from environmental hyperthermia. Ervin told deputies the air conditioning at his home works and is maintained between 67 and 74 degrees.

After Ervin arrived at Brandon Regional with his children, he waited patiently for his turn, Morgan said.

Ervin stepped to a counter and placed his daughter on a security desk, saying she was unresponsive, but didn't immediately mention that he also had his son in a baby carrier, Morgan said.

The carrier "was extremely hot" and almost burned a nurse's fingers, the detective said.

Deputies say Ervin fell asleep while medical personnel tried to help his children.

Reporter Josh Poltilove can be reached at (813) 259-7691.

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