ER - Sean Marsh testifies

A sidewalk on Main Street in Ferndale that leads up to the intersection with Brown Street, the scene of the March 31, 2006, alleged child endangerment. Kara D. Machado/The Eureka Reporter

Sean Marsh testifies on his own behalf in child endangerment trial
by Kara D. Machado, 2/3/2007

Sean Marsh, 39, took the witness stand Friday, defending himself against a child endangerment charge regarding his 2-year-old son Everett.

The case stems from an incident that occurred near the intersection of Main and Brown streets in Ferndale at about 3:30 p.m. on March 31, 2006.

Ferndale Police Chief Lonnie Lawson alleges Marsh failed to keep his toddler safe from danger when Marsh allegedly let the child walk off the curb of Main Street and 18 inches into the intersection with Brown Street.

Marsh maintains that he and his toddler were playing outside while his wife, Allison, was shoe shopping at Abraxas Shoes and Leather, located on Main Street.

The child toddled about and the two walked by a nearby flower shop — no longer in business — where Marsh knelt down so he and Everett could look at the flowers.

Everett continued to toddle away at one point and Marsh called to him.

Marsh maintains Everett got only as far as the curb of the Main and Brown streets intersection when he caught up to his son and Lawson had pulled up in his patrol unit.

Marsh admitted he did not first stop for Lawson nor did he hand over his identification when ordered by Lawson to do so, but said he verbally told Lawson his name and date of birth.

The whole incident, from the time Everett walked to the curb to the point Marsh was arrested, lasted between two to four minutes, Marsh testified.

Marsh said he had no prior contact with Lawson before his arrest in March.

In addition to misdemeanor child endangerment, Marsh has been charged with the misdemeanor of delaying Lawson in the performance of his duties, Humboldt County Deputy District Attorney Jose Mendez said.

If convicted of the charges against him, Mendez said Marsh could face a maximum of two years in the Humboldt County Correctional Facility.

A few hours after court ended for the day Friday, Evelyn Harrison, 58, a resident of Ferndale, called The Eureka Reporter to talk about the intersection and defend Lawson’s character.

Harrison described the intersection as the hub of Ferndale, where, nearby, the fire department, a bank and — at the time of the incident — a feed store once generated a lot of traffic.

“It’s a highly congested traffic area going into Main Street there,” Harrison said. “We take care of a 9-year-old girl named Hannah and whenever we get about 25 yards from the intersection with Brown Street, I always say, ‘take my hand,’ because it gets really busy there.”


Of Lawson, Harrison described the Ferndale police chief as an “outstanding citizen and a wonderfully caring man.”

“We need to be thankful (in Ferndale) that we have such a wonderful overseer, I think,” Harrison said. “I would trust him with my life and the lives of any of my family members.

“He’s not the hothead police officer he’s been portrayed to be. He’s a gentleman.”

Marsh’s attorney, Humboldt County Public Defender Angela Fitzsimons, has adamantly refused to make comments to the press about the case. Fitzsimons has advised Marsh that he not talk to the press as well.

Thursday was Marsh’s third day of trial. On Monday, the bulk of the witnesses testified.

Marsh’s trial proceedings are not scheduled to resume until 8:30 a.m. Tuesday in order for another defense witness to take the stand.

Humboldt County Superior Court Judge Timothy Cissna estimated jurors could begin deliberating the case most likely Tuesday, if not Wednesday.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

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Word to the Wise:
Don't Cop an Attitude in Ferndale