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Gilbert man sentenced on sexual abuse charge

Williamson Daily News - 5/3/2017

April 29--WILLIAMSON, W.Va. -- A Gilbert man who pled guilty in March of first degree attempted sexual abuse was sentenced in Mingo County Circuit Court on Tuesday afternoon.

Billy Ferguson, 71 was named in April 2016 in a three count indictment on charges of one count of sexual abuse by a parent, guardian, custodian or person in position of trust, one count of first degree sexual abuse and one count of first degree sexual assault.

Ferguson's trial date and subsequently his sentencing had been delayed several times since his indictment due to his poor health conditions.

Before Mingo County Circuit Court Judge Miki Thompson handed down Ferguson's sentence, the grandmother and mother of the victim addressed the court during the victim's impact statement on behalf of the four year old child, the victim's grandmother said, "I know he is sick, he is terminal, but the damage he has done to my family and my granddaughter, we still don't know the outcome of the future, my granddaughter still has issues that we are dealing with, we have issues."

When given the opportunity to speak on his behalf Ferguson addressed the court about his concerns for his medical treatment during his incarceration.

Judge Miki Thompson sentenced Ferguson to one to three years for his role in the crime, which is the maximum allowed by law. Ferguson, who has served 43 days in jail for the crime will be eligible for parole in as little as one year. Once released from jail he will be required to register as a sex offender for life. Ferguson will serve his sentence in a State Correctional Facility.

Upon sentencing Judge Thompson told the defendant, "I understand you are sick, I have saw the medical records, and I think even a short time in jail time be a life sentence for you, but the sad part is the four year old child who now has a life sentence, her grandmother has a life sentence, her mother has a life sentence, so when you are sitting in jail you need to think about those people with life sentences. These things are not taken lightly, by children, by parents, by family, this is serious. I don't think you have accepted responsibility, I think you are still in denial that this happened, yet here we are. There has been a few times and I understand that I could have rejected the plea agreement, because you have already submitted a factual basis and the court could reject your plea and this could go to trial, we could see what the outcome of the trial would be, but I also know there are reasons for plea agreements, I've been a prosecutor myself. My main concern is a four year old child who would have to get on the witness stand and tell what happened and I know that would victimize her even more, and I know why plea agreements are reached and I know a lot of times people don't get the sentences they deserve, even a short sentence would be a life sentence for you Mr. Ferguson, sometimes that's what people need, sometimes that's what people deserve."

Nathan Brown who represented the State of West Virginia in the case said, "The interest of justice was served, this sentencing has been a long time coming."

Immediately following the sentencing the victim's grandmother spoke with the Williamson Daily News about the delay in the sentencing, "We have battled for a long time to get to where we are today, Nathan has been a big help in getting this done."

The family's advice to other people is do not trust anyone, according to the mother and grandmother, Mr. Ferguson was someone they had known for years, a grandpa type who appeared as someone you could trust.

Ferguson was represented by Williamson Attorney Paul Montgomery of the Mingo County Public Defenders Office.

Kendra Mahon is a reporter for the Williamson Daily News, she can be contacted at [email protected] or 304-235-4242 ext. 2278.

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