In last week’s blog, we saw “Dapper” Dan Hogan. St. Paul, Minnesota’s “Irish Godfather” blown to kingdom come by a car bomb. This week, we look at Colin Ferguson and a scary shooting on a New York commuter train.
Colin Ferguson was born in Jamaica in 1958. His father was a wealthy pharmacist and the managing director of a large pharmaceutical company. Young Colin had a normal upbringing, although one that was privileged by Jamaican standards. His high school principal described him as a “well-rounded student.” He graduated in the top third of his class.
His privileged life fell apart though when Colin was 20. First, his father died in a car crash in 1978. Then his mother died of cancer shortly thereafter. The deaths left the family fortune in shambles. In 1982, Colin left Jamaica for the United States.
In the US, Colin Ferguson met and married Audrey Warren, an American woman of Jamaican ancestry. He and his wife moved to Long Island, New York and had a son. There Colin attended a community college, making the dean’s list three times. However, Audrey sued for divorce in 1988 and won custody of their boy. Colin ended up living in what was essentially a flophouse in Brooklyn.
Terror on the Long Island Railroad
The Long Island Railroad is a series of commuter lines running from Manhattan’s Pennsylvania Station to Queens and Long Island. Several branches run to different destinations on the island.
On December 7, 1993, Colin Ferguson boarded the third car of an eastbound train at the Flatbush Avenue station in Brooklyn. He carried a Ruger P89 handgun and a canvas bag with 160 rounds of ammunition. As the train approached the Merillon Avenue stations near Garden City he drew the gun and stood up. Then he opened fire. During the next three minutes, he walked slowly toward the front of the car shooting people on the left and the right. The New York Times wrote that he was “as methodical as if he were taking tickets.”
Ferguson emptied two 15-round clips during the shooting spree. As he was loading a third, someone yelled, “Grab him!” Michael O’Connor, Kevin Blum, and Mark McEntee tackled him and pinned him to a seat. These three and other passengers kept the shooter pinned down until Andrew Roderick, an off-duty LIRR policeman, boarded the train and handcuffed him.
The shooting spree left six people dead or dying. Nineteen other passengers suffered bullet wounds while two suffered injuries in the stampede of passengers trying to exit the train.
Colin Ferguson on Trial
A Nassau County grand jury indicted Colin Ferguson in January 1994 on 93 counts. The district attorney announced that he would not accept a plea bargain. In March of that year, radical attorney William Kunstler and his partner, Ron Kuby, agreed to take the case on a pro bono basis.
Kunstler and Kuby decided to argue a “black rage” defense. They contended that racial prejudice he suffered in America had driven Ferguson temporarily insane. Apparently, even Ferguson himself found this offensive. The lawyers also questioned his competence to stand trial. But Ferguson insisted he was competent, although his bizarre courtroom behavior suggested otherwise. When his attorneys filed notice that they would pursue an insanity defense, he fired them and insisted on representing himself.
Ferguson conducted a disjointed an ineffective defense. His list of potential witnesses included President Bill Clinton, although in the end he called no witnesses. He argued that another person was the actual shooter, but every eyewitness identified him. His cross-examination often repeated witnesses’ statements, a legal no-no as it mostly reinforces the original testimony. And by failing to object to testimony and during closing arguments, he lost the right to appeal on those points.
Unsurprisingly, the jury found Colin Ferguson guilty of murder and attempted murder. Judge Donald E. Belfi sentenced him to 315 years and 8 months to life. He will be eligible for parole in August 2309.
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