October 15, 2021
District Attorney Maggie Fleming announced that on October 14, 2021, a Humboldt County jury found 37-year-old Alvin James Fogleman of Eureka guilty of evading the police with willful and wanton disregard for the safety of persons and property, (Vehicle Code [VC] § 2800.2(a)), possession of heroin (Health and Safety Code [HS] § 11350(a)), possession of methamphetamine (HS 11377(a)), and two counts of vehicle theft (VC § 10851(a)).
The trial stemmed from events in 2019. At 3 am on June 10, 2019, a California Highway Patrol officer observed Mr. Fogleman illegally driving his motorcycle through a construction zone with workers present. When the officer initiated a traffic stop, Mr. Fogleman attempted to flee, driving at speeds nearing 100 miles per hour on Riverwalk Drive in Fortuna. Law enforcement officers apprehended Mr. Fogleman after he crashed. A search revealed both heroin and methamphetamine in his possession.
Also in June 2019, a citizen reported to the Fortuna Police Department that Mr. Fogleman had stolen her 2018 Nissan Altima. The citizen relayed to officers that she and Mr. Fogleman were once in a dating relationship, but more recently Mr. Fogleman had stolen her keys, taken her car, and refused to return it. Officers with the Fortuna Police Department recovered the vehicle in July 2019 in the Redwood Memorial Hospital parking lot.
On September 10, 2019, a Eureka citizen awakened around 5 am to the sounds of Mr. Fogleman and an unidentified person hitching her husband’s trailer loaded with construction equipment to Mr. Fogleman’s truck. When confronted by the citizen, the other suspect fled while Mr. Fogleman unsuccessfully attempted to drive away. Officers of the Eureka Police Department responded quickly and apprehended Mr. Fogleman with his vehicle still running.
At the conclusion of the trial that ended yesterday, the defendant waived his right to a jury trial concerning the validity of the prior “strike” conviction (criminal threats) alleged by the District Attorney’s Office. On October 15, 2021, Judge Feeney found the allegation true. Mr. Fogleman has been convicted of seven prior felonies including the “strike.” The delay in prosecuting Mr. Fogleman occurred because he failed to appear in court in September 2020. He was then extradited back to California from Texas on August 14, 2021, to stand trial for the above charges.
Deputy District Attorney Jessica Watson prosecuted the case with the assistance of District Attorney Investigator Marvin Kirkpatrick. Deputy Public Defender Ben McLaughlin represented Mr. Fogleman. Mr. Fogleman is scheduled to be sentenced on November 11, 2021.