A New York duo convicted in a 2015 shooting in Bangor that left one man dead and seriously injured another were sentenced Monday at the Penobscot Judicial Center, with one defendant imprisoned for a decade longer for his role in the crimes.
Thomas “Ferg” Ferguson, 38, of Brooklyn was sentenced to 50 years in prison for murder. His co-defendant, Robert “Rocco” Hansley, 28, also of Brooklyn, was sentenced to 40 years for the same crime.
In June, Superior Court Justice William Anderson found Ferguson guilty of murder in the death of Robert “Ricco” Mark Kennedy, 38, of Bangor and guilty of aggravated assault in the wounding of Barry Jenkins, 42, also of Brooklyn, on Nov. 27, 2015.
A jury convicted Hansley of the same crimes in November. Hansley was the shooter but the murder weapon had been given to Ferguson, who arrived on the scene with Hansley, as payment for a drug debt, according to testimony at both trials.
Anderson said in sentencing Hansley that evidence presented at his trial showed Ferguson “was in charge and Mr. Hansley was doing his bidding.”
“He was the bigger, stronger, older guy,” the judge said in explaining the 10-year difference in the sentences. “Mr. Ferguson would order Mr. Hansley to do things and Mr. Hansley would do them. One could think that if [Hansley] pulled the trigger, he was doing it on Mr. Ferguson’s orders.”
Neither man reacted as his sentence was imposed. Hansley did not address the judge but Ferguson told Anderson that he did not shoot either victim.
“This is about the actions of one man,” Ferguson said. “I am not the person who committed these crimes. My condolences to the families for what happened.”
While speaking to the judge Monday morning, Ferguson described Jenkins, who testified against him and Hansley, as an “unreliable witness” who “lied on the stand.”
Assistant Attorney General Robert “Bud” Ellis recommended Ferguson and Hansley be sentenced to life in prison because the crime was premeditated and the intent of the defendants was to kill Kennedy and Jenkins.
Ferguson’s attorney, Jeffrey Silverstein of Bangor, urged Anderson to impose a sentence of between 35 and 40 years.
Anderson also sentenced Ferguson and Hansley to 25 years in prison for the assault on Jenkins. The judge ordered that the sentences be served at the same time.
Jenkins testified in both trials that he and Kennedy were visiting female
friends at an upstairs apartment at 201 Center St. 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 at 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 another who was inside when the shootings occurred, identified Ferguson as one of the men who burst into the apartment. Both testified that they were terrified they too would be killed.
In sentencing Ferguson, the judge said a specific motive in the case had not been proven but it was clear from testimony that Ferguson and Hansley “didn’t like Kennedy and thought he was snitch, and superimposed on that was the nature of the drug culture.”
Both men faced 25 years to life in prison on the murder charges and up to 30 years in prison for the elevated aggravated assault.
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