Fergusson gets 24 years for wounding, firearm possession

It is one question that has High Court Judge Frederick Bruce-Lyle baffled. He wants to know what is wrong with young people in this country?{{more}}

As the Criminal Assizes continued on Monday at the High Court, Justice Bruce-Lyle sentenced Osdale “Backy” Fergusson, of Calder, to 24 years imprisonment, after he pleaded guilty to wounding Eldon “Ganzie” Toby with intent, and unlawful use of a firearm.

Fergusson was slapped with a 14-year sentence for wounding and 10 years for unlawful use of a firearm. Both sentences will run concurrently.

“Its young stupid idiots like you who go around shooting people for nothing; enough is enough, and any firearm offence coming before me would be dealt seriously,” Bruce-Lyle said.

On September 11, 2006, at Stubbs, Eldon Toby was shot five times by Fergusson, four in his left leg and one in his right.

In his evidence Toby, 27, said he was at a shop owned by Rollins “Spaceman” Paris with his friend Irasto Shallow at about 10pm when he saw Fergusson approaching them. Toby told the court that as the defendant got closer, he noticed a gun in his hand. Fergusson then approached Shallow and asked, “Way yo go in de bush and (expletive) around Hooka fa?” Fergusson then took the gun and hit Shallow behind his head.

Toby said he told the defendant to have mercy on his friend and took out his cellular phone to call the police. “I then tell Irasto to run fo he life and I see he dig out wid ah speed behind the shop and Osdale bus ah shot at him,” said Toby. He added that he also ran, with Osdale firing at him.

While running for his life, Toby said he was shot in his left leg and fell to the ground. He said that he tried to get up and another shot was fired at him and caught him in the same leg. “I begged him to have mercy on me,” Toby recalled.

Dragging himself to the back of the shop, Toby told the court that the shopkeeper (Paris) opened the door to help him but Ferguson shot him again. “I fell in the corner and he shot me yet again.” Toby said Fergusson was still pulling the trigger and pointing it at his head, but there were no bullets left in the chamber. Paris was then able to assist him by lifting him into his house and called for medical help.

Irasto Shallow recalled Fergusson confronting him about an incident with one “Hooka”, which Shallow said he knew nothing about. He said Fergusson placed his hand in his pocket and took out a “spin barrel gun” and hit him behind his head.

Shallow added that Toby told the defendant to behave and that was when Fergusson pointed the gun at him. Shallow said he ran behind the shop when the gun was pointed at Toby.

With no legal representation, Fergusson said that Toby was wrestling with him and that’s how he got shot. “All yo planned this thing well on me, but all yo ain’t plan it good enough,” he remarked.

In the absence of the jury, Justice Bruce-Lyle gave Fergusson the opportunity to change his plea of not guilty to guilty. “The evidence against you is quite overwhelming. I don’t know what your defence is, if you are guilty say so.” Fergusson did not change his plea. It was not until Lawyer Duane Daniel spoke with the defendant that he pleaded guilty to both charges.

Fergusson is already serving a two-year prison sentence for assaulting Irasto Shallow on the same date.(KW)