BANGOR, Maine — The survivor of a 2015 double shooting on Center Street that left one man dead testified Wednesday that he was shot six times but was unsure which of the two alleged gunmen pulled the trigger.
Thomas “Ferg” Ferguson, 38, and Robert “Rocco” Hansley, 28, both of Brooklyn, New York, are charged with murder and elevated aggravated assault in the shooting that left Robert “Ricco” Mark Kennedy, 38, of Bangor dead and wounded Barry Jenkins, 42, who was visiting from Brooklyn, New York.
The two men, who have pleaded not guilty, are being tried separately. Ferguson’s jury-waived trial began Wednesday before Superior Court Justice William Anderson at the Penobscot Judicial Center. Hansley’s jury trial had not been set. The men are not expected to testify against each other.
Jenkins testified that he and Kennedy were visiting female friends at an upstairs apartment at 201 Center Street after doing some Black Friday shopping in the Bangor Mall area. They were getting ready to eat reheated Thanksgiving leftovers when Ferguson and Hansley burst in and began shooting about 3:15 a.m. on Nov. 27, 2015, Jenkins testified.
“They shot at Ricco and then at me,” he said. “I felt like I was going to die. It happened so fast.”
Jenkins said that both men had guns but he was unsure which one fired the bullets that hit him. Under cross examination, Jenkins said he could not remember making previous statements to the police or the grand jury about the shooting that contradicted what he said Wednesday. He also admitted to having several IDs with different birthdates.
He also testified that at one point he thought Hansley had shot him as Ferguson stood behind the shooter and “waved a gun around.”
Even after Jenkins’ testimony, a motive for the shooting remained unclear. Jenkins said that after an incident on Labor Day weekend in the Bangor area when Kennedy was arrested, Hansley began referring to him “as a rat.”
Jenkins said that he was shot in the neck, the shoulder, stomach, arm and foot but was able to follow the alleged shooters down the stairs to the porch where he collapsed. He testified that he did not remember talking to a police officer on the ambulance ride to Eastern Maine Medical Center.
He still has bullet fragments in his neck and arm and his foot still bothers him, he said.
Ferguson’s trial began after a visit to the apartment where the shooting happened to survey the scene. The judge and the attorneys looked around outside but did not go inside.
Assistant Attorney General Leane Zainea, who is prosecuting the case with Assistant Attorney General Robert “Bud” Ellis, said in her opening statement that the defendants and the victims were from the same neighborhood in Brooklyn, New York, and knew each other.
In the early morning hours of Nov. 27, 2015, Ferguson and Hansley went to the Center Street apartment. Jenkins and Ferguson exchanged words and, then, gunfire erupted, Zainea said.
Two guns were seized from a Hammond Street apartment where Ferguson and Hansley apparently went after the shooting, she said.
Police searched an apartment there and found a .40 caliber pistol and a sawed-off shotgun in a closet, Zainea said. The weapons were wrapped in aluminum foil and newspaper, then, placed in plastic shopping bags.
Jenkins testified Wednesday that Hansley received a gun that looked like the murder weapon as payment for a drug debt a few months before the shooting.
Zainea said in her opening statement that forensics evidence would prove the bullets that wounded Jenkins and killed Kennedy came from the .40 caliber gun. She also said that Hansley’s DNA and fingerprints were found on the material in which the guns were concealed.
Ferguson’s were not, defense attorney Harris Mattson of Bangor, said in his opening statement. Mattson is co-counsel with Jeffrey Silverstein of Bangor.
“Mr. Ferguson has no forensic connection to that weapon,” Mattson told the judge. “There’s no evidence to suggest that Mr. Ferguson ever entered that apartment.”
Jenkins was found by police on the front steps of 201 Center St. with multiple gunshot wounds, according to a police affidavit. Kennedy’s body was found inside the apartment draped over a DVD rack near a window.
He died of multiple gunshot wounds.
If convicted, each man faces 25 years to life in prison on the murder charges and up to 30 years in prison if convicted of elevated aggravated assault.
Ferguson also is charged with tampering with a victim, which carries a possible sentence of 10 years in prison.
His trial, which is expected to last 10 days to two weeks, will resume Thursday with testimony from a neighbor and police officers, according to prosecutors.