A Superior Court judge Wednesday found a New York man guilty of murder for his role in a 2015 double shooting in Bangor.
Justice William Anderson also found Thomas “Ferg” Ferguson, 38 of Brooklyn, New York, guilty of elevated aggravated assault in the wounding of Barry Jenkins, 42, also of Brooklyn.
Anderson found that Ferguson was an accomplice and that the evidence indicated Robert “Rocco” Hansley, 28, also of Brooklyn, New York, actually fired the shots that killed Robert “Ricco” Mark Kennedy, 38, of Bangor. The gun that fired the fatal shots was given to Ferguson to settle a drug debt, the judge concluded.
Hansley and Ferguson both were charged with murder and elevated aggravated assault in the case. But the two men, who each pleaded not guilty, are being tried separately.
Ferguson, dressed in blue prison garb, did not react when the verdict was read.
Under Maine law, an accomplice is as criminally responsible for a crime as is the principal actor, unless he or she was forced to participate in the crime. The consideration of the role an accomplice played in a crime is part of the sentencing process.
Ferguson’s sentencing date has not been set but is not expected to be held before September.
Ferguson’s trial began May 24 and concluded June 5 before Anderson. A date for Hansley’s jury trial has not been set.
Hansley’s defense team is expected to seek a change of venue now that Ferguson’s verdict has been announced.
Ferguson did not take the stand in his defense and Hansley did not testify against him.
Assistant Attorney General Robert “Bud” Ellis argued in his closing argument earlier this month that evidence from surveillance cameras at stores in Bangor and eyewitnesses proved that Ferguson and Hansley were together before and after the shootings. Ellis told Anderson that the evidence showed the two were acting together.
Anderson agreed with that analysis.
“We feel this was a very compelling case with substantial evidence of [Ferguson’s] guilt,” Ellis said after the verdict was announced. “Our victim/witness advocate spoke with Mr. Jenkins and he is quite pleased with the verdict.”
Silverstein argued that Hansley, rather than Kennedy, had a motive because Hansley and Kennedy both were involved with the woman who lived at the apartment where the shooting took place. Silverstein also argued that the state had failed to prove that Ferguson was even at the apartment when the shooting took place.
Anderson rejected the defense’s arguments.
Silverstein said outside the courthouse that the judge’s decision would be appealed.
“We feel there was not sufficient evidence to prove our client was guilty of the charges,” he told reporters outside the courthouse. “We believe he would have had to have engage in some additional conduct to be found guilty. In our view, the judge found that he was there and leaped to the conclusion that he was guilty.”
Jenkins testified on May 24 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 Thanksgiving leftovers when Ferguson and Hansley burst in and began shooting about 3:30 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 on the stand.
He also testified that at one point he thought Hansley had shot him as Ferguson stood behind the shooter and “waved a gun around.”
Two women, one who was outside the apartment, and the other who was inside when the shootings occurred, both identified Ferguson as one of the men who burst into the apartment in the early morning hours the day after Thanksgiving. Both testified that they were terrified that they too would be killed.
Ferguson faces 25 years to life in prison on the murder charges and up to 30 years in prison if convicted of elevated aggravated assault. Hansley would face the same sentences, if convicted.