Murder case bogged down by detailed probe

Excerpt

Barney Ferguson got into an argument with another man outside a home near McCormick Road on June 2, 2014. A shot was fired from a handgun during the argument and Ferguson was killed. Randall County sheriff's deputies arrested Jerry Funk, 54, who then was charged with first-degree murder in Ferguson's death.

Barney Ferguson got into an argument with another man outside a home near McCormick Road on June 2, 2014.

A shot was fired from a handgun during the argument and Ferguson was killed. He died from a single gunshot wound to his stomach.

Randall County sheriff's deputies arrested Jerry Funk, 54, who then was charged with first-degree murder in Ferguson's death.

A grand jury then indicted Funk on a single count of murder on Aug. 20, 2014.

Funk has been awaiting trial while being released on bond, which was set at $50,000. According to Assistant Criminal District Attorney Robert Love, the defendant is required to "fulfill the contract obligation he makes to the bonding company." He said the bonding company is responsible for "making sure the defendant shows up for court hearing."

He added that the bonding company "usually requires the defendant to check in weekly" to ensure the obligations are being fulfilled."

It's been nearly a year since the incident occurred and, contrary to what many of us have witnessed on crime and courts dramas on television or in movies, the case is far from being determined in a courtroom.

Art, in this case, doesn't imitate life.

"Not even close," said Love, one of two lead prosecutors in the case.

Love and fellow prosecutor Lacy Miller are still poring over all the detail work they need to complete before the Funk case ever gets to a pre-trial hearing, let alone a trial.

It's tedious work and requires a great attention to the smallest pieces of evidence, Love said, noting that the tedium also must be dealt with by defense counsel. Funk is being represented by former District Attorney Randy Sherrod, who's been in private practice since losing his re-election bid to the current DA, James Farren, back in 1994.

If a jury convicts Funk, he could face a sentence of five to 99 years in prison and could be forced to pay a fine of as much as $10,000. Funk has not been charged with capital murder and will not face the possibility of a death sentence if he is convicted, according to Love and Miller. The $10,000 fine is generally the most the state requires defendants to pay, Love said, adding that "in some drug cases, the amount could go higher."

Who gets the money if a defendant is forced to pay such a fine? Love said the county keeps the money and puts it into its general fund.

Love said he gets asked often about where the money and how a convicted felon is able to pay such a large sum if he or she is locked up in prison and, obviously, unable to earn enough of a living to pay for the cost.

"I've seen friends and family pay these fines," Love said. "Or, and this happens occasionally, the fine sometimes goes unpaid."

What is the timeline on the Funk case? Love and Miller said the average time for preparation takes 18 to 24 months before a case is ready for trial. "I've seen it go as long as three to four years," said Love, who's worked for Randall County since 1994; Sherrod hired him just before leaving office after losing his bid for re-election.

Miller has worked as a prosecutor since graduating from Texas Tech University Law School a dozen years. She's always been a prosecutor; Love was practicing criminal defense law for a time after graduating from the University of Houston Law School.

Love and Miller both chuckled at the notion that a murder case can be brought to trial with the lightning speed portrayed in Hollywood dramas.

"Murder cases always result in the lengthiest turnaround," said Love. "The stakes are so much greater in these cases than in other felonies. The investigation is much more detailed."

Love also noted that family concerns are a top priority for both prosecutors and defense counsel. Families are put on a "roller coaster of emotions" waiting for the case to come to trial.

There's forensic testing that needs to be done, Love and Miller said. "You have DNA testing and you have to examine gunshot residue evidence," Love said. The DNA tests often take the longest of all the examinations ordered. "You have autopsy evidence to examine," Love said.

"You also might have blood-spatter evidence to examine and then you might have to order a crime scene reconstruction," he added.

It all takes time, sometimes lots of time.

Miller noted that defense counsel always "gets access to our files. They get to see what we have."

The timetable for the Funk case going to trial hasn't been determined, the prosecutors said. A pre-trial hearing in 47thDistrict Judge Dan Schaap's court could occur by late summer, Love said. "And we possibly could go to trial by the end of this year," he said, adding that a late-in-the-year trial start would be at the 18-month point since Ferguson's death.

He's not yet ready to bet the farm on a trial occurring on that schedule.

Does the length of time between the arrest and a trial compromise a defendant's right to a speedy trial? Love doesn't believe it does. There's a balance to be struck, he said, in ensuring that a defendant has ample time to prepare for his or her defense "in a period of time that is practical and feasible."

Miller noted that defense teams often want to delay trials as long as possible in order to prepare their case. "Time," she said, "is on their side."