Pubdate: Wed, 17 Oct 2007
Source: Fayetteville Observer (NC)
Copyright: 2007 Fayetteville Observer
Contact:  http://www.fayobserver.com
Details: http://www.mapinc.org/media/150
Author: Greg Barnes
Bookmark: http://www.mapinc.org/topic/Operation+Tarnished+Badge

FORMER DEPUTY SENTENCED TO 20 YEARS IN PRISON

RALEIGH -- A federal judge showed little leniency Tuesday, sentencing 
former Robeson County Deputy Patrick Ferguson to more than 20 years 
in prison for his role in kidnapping and attempting to rob two drug 
dealers from Virginia. Ferguson's sentence is the first for 20 former 
lawmen who have pleaded guilty since a state and federal 
investigation into corruption in the Robeson County Sheriff's Office 
began nearly five years ago. The investigation -- known as Operation 
Tarnished Badge -- continues. Ferguson apologized to the court, his 
family and to the law enforcement profession.

"I made some poor decisions and poor choices in my life. I'm trying 
to get it past me and get it right. I ask for mercy from the court," 
he said before sentencing.

Prosecutors said Ferguson cooperated with investigators and 
recommended a sentence of a little more than eight years. Defense 
lawyers asked that he receive five years in prison.

But U.S. District Court Judge Terrence Boyle said Ferguson was a 
lawman and should have known better.

"His conduct is about as egregious as can be conceived in a society 
that depends on the rule of law... and for the law itself," Boyle 
said. "I'm sorry for you, but you had those choices all the way 
through." Mark Francisco, a State Bureau of Investigation agent who 
has worked on the case since 2002, gave a brief outline of Ferguson's 
involvement from the witness stand.

Afterward, a terse Boyle said he wanted to hear more so he and the 
public could fully appreciate the extent of the corruption before 
Ferguson was sentenced. Francisco retook the stand about a half hour 
later and provided specific details of Ferguson's involvement.

When the SBI turned the investigation toward Ferguson, it knew of 
only three instances in which he and others -- including former 
Deputy Vincent Sinclair -- had robbed and sometimes beaten and 
kidnapped drug dealers. By the time Ferguson was through talking, 
investigators had learned of 26 more crimes he had participated in.

Drug dealer robberies Ferguson's involvement began in 2002, when his 
cousin, convicted felon James "Bo" Black, talked him into robbing a 
drug dealer who had just left Black's home. Ferguson turned on his 
blue lights and stopped the dealer, who jumped out and ran. Black 
took the money from the car and split it with Ferguson, who was 
having financial problems at home.

The robberies continued and became more brazen. In February 2004, 
Ferguson, Sinclair, Black, David "Buck" Troy, Michael Oxendine and 
Deleon Holmes went to Virginia to rob two drug dealers out of 
$400,000. The dealers were supposedly taking the money to Atlanta to 
buy drugs. Claiming to be police, Ferguson and the others ordered the 
drug dealers into the back of their van, handcuffed them and put duct 
tape over their eyes. The dealers refused to tell them where they had 
stashed the money, so Ferguson's group decided to take the van to Red 
Springs and dismantle it. On the way, Oxendine shot one of the men in the foot.

The group stopped for gas at a store in Selma, N.C., where the drug 
dealers overpowered Ferguson while the others went inside to buy 
snacks. A video camera caught the men wrestling with Ferguson. It 
also caught Sinclair inside the store. Sinclair denied any 
involvement until being showed pictures from the store's camera.

In December 2003, Ferguson, Sinclair and others robbed, kidnapped and 
beat Darius Bain, pointing a gun at his head and repeatedly cocking 
the trigger until he had his girlfriend retrieve $150,000 in cash and 
2 kilograms of cocaine. The girlfriend brought the money in a plastic 
garbage bag. While the robbery was happening, Ferguson received a 
call that his mother was being taken to the hospital and left. He 
received his share later -- about $30,000. Home invasion In March 
2004, Ferguson, Sinclair and others went to Alex Locklear's home near 
Maxton, thinking Locklear had left a large sum of money before going 
to a motorcycle rally in Myrtle Beach, S.C..

With blue lights flashing, the men stormed into the driveway, forced 
everyone at the home to the ground and ransacked the house. After 
returning home, Locklear reported to the Sheriff's Office that he 
thought Sinclair was the one who tried to rob him. He told deputies 
that Sinclair's patrol car would be missing a hubcap.

Former Sheriff Glenn Maynor replied: "I sure hope that isn't true," 
Francisco said from the witness stand. He said no follow-up 
investigation was ever done.

Francisco told Judge Boyle that little oversight or control existed 
in the Sheriff's Office at that time.

In another robbery attempt involving Ferguson and Sinclair, Sinclair 
poured lighter fluid on a man's arm and lit him on fire more than 
once in an effort to get the man to say where he kept his drug money. 
The man turned out to be a Hispanic laborer who had no known 
involvement in drugs. After Francisco's testimony, Ferguson's lawyer, 
Robert Nunley of Raleigh, asked for mercy. Nunley said Ferguson had 
cooperated fully with investigators. He said Ferguson has three 
children, ages 7, 6 and 4, and no money or even a car.

"He tried to right the wrongs that he participated in," Nunley said. 
Boyle remained unconvinced. He said federal guidelines call for a 
minimum sentence of 255 months, or just over 21 years. He gave 
Ferguson 250 months -- 130 months for conspiring to kidnap the 
Virginia drug dealers and trying to rob them, and 120 months for 
using a gun during that felony. Ferguson was also fined $20,000 and 
will get five years of supervised probation upon his release.

Ferguson, wearing a gray suit, was handcuffed before being led out of 
the courtroom. He turned to his family and said, "I love you." 
Sinclair sentencing Sinclair is scheduled to be sentenced before 
Boyle at 2 p.m. today. He faces a maximum of two life prison terms.

Also scheduled for sentencing today are Black and former deputies 
Paul Pittman and Billy Hunt.

Pittman and Hunt pleaded guilty in October 2006 to helping landscape 
Maynor's yard and working on his campaign fundraisers while on duty. 
They face a maximum of five years in jail and $250,000 in fines. 
Sentencing hearings for former deputies Kevin Meares, James Owen Hunt 
and Joey Smith were continued Tuesday. 
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