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A teen who was convicted of a violent carjacking and won an appeal to set aside a 50-year sentence is appealing his new sentence of 35 years.
A teenager who was convicted of a violent carjacking in federal court and then won an appeal to set aside a 50-year sentence is now appealing his new sentence of 35 years.
Grover Ferguson shot a 53year-old woman in the face as he robbed her of her SUV in April 2015.
His case highlights the surge in carjackings plaguing Milwaukee, with teenagers often committing the crimes. To tackle the issue, federal prosecutors have taken the unusual step of charging defendants under 18 in federal court. Carjacking is a federal crime.
Ferguson’s case has been among the more aggravated cases to come to federal court. He shot the woman in the face even though she was not resisting and had put her keys on the seat next to her.
U.S. District Judge Rudolph Randa sentenced Ferguson to five decades behind bars. Randa’s sentence exceeded the prosecutor’s recommendation of 20 years. Ferguson’s attorney suggested 15.
At the sentencing, Randa acknowledged that as a teenager, Ferguson was more “reckless, thoughtless, more impetuous, compulsive than adults” and that medical studies showed a 17-year-old’s brain is not fully formed. But he added the crime was “flat-out evil” and likened it to a “terrorist act,” according to court records.
Randa said the 50-year sentence “takes into account and reflects the seriousness of this evil, terrorist act. Seriousness of the offense. Promotes respect for the law. Hopefully, that message will get out.”
Ferguson’s attorney appealed. The 7th Circuit Court of Appeals vacated Randa’s sentence, saying a judge is free to go above the sentencing guidelines, but Randa needed to give an explanation of why he had gone 31 years above the guideline sentence.
The appeals court ordered a new sentencing.
Randa left the bench and later died between the time of the sentencing and the order for a new sentencing. Chief Judge William Griesbach took over the case and conducted the sentencing last month.
The prosecutor again suggested 20 years and this time, Ferguson’s attorney joined in that recommendation, according to court records.
‘Evil, greedy and cruel’
Assistant U.S. Attorney Benjamin Proctor said the crime was “evil, greedy and cruel.” Ferguson showed little remorse and needed to be punished and the community needed to be protected, Proctor said, adding that Ferguson’s young age at the time of the crime should be considered. Ferguson is now 19.
Ferguson’s attorney, Krista Halla-Valdes, said her client had a difficult childhood, pointing to a recording made about Ferguson for public radio and the Milwaukee Journal Sentinel’s “Precious Lives” series. She noted he wrote an apology letter, court records show.
Griesbach rejected the joint recommendation, sentencing Ferguson to 35 years.
The judge said the case was more than an armed carjacking — it was an attempted murder and Ferguson could have faced life in prison had the case been charged that way, according to court records.
“The victim didn’t resist; she did not act fast enough for the defendant,” the judge said, noting Ferguson then drove away in the stolen vehicle at high speeds before crashing it.
Griesbach pointed to a criminal history that started at 13 when Ferguson robbed his parents of a pair of shoes. He also stole his father’s jewelry. He was sentenced to juvenile prison but the sentence was stayed. He continued to commit crimes and ended up at Lincoln Hills youth prison. There, he threatened a counselor and his time behind bars was extended.
Ferguson was released in early 2015. Just two months later, he committed the robbery and shooting.
“This was not just impulsive,” Griesbach said, according to court records. “There were attempts to help him turn his life around. But it’s hard to understand remorse when he stared at the victim at the last sentencing hearing and then he winked at her. Remorse is not seen here.
“Car theft and possession of firearms — shooting point blank in the face — cries out for deterrence. Twenty years does not send out a message; it does not fit the crime.”
Ferguson’s attorney appealed Griesbach’s sentence in late November back to the 7th Circuit. Briefs have not been filed.