NORFOLK, Va. — A man who entered a backyard, pointed a rifle at a family he didn't know and shot into a stranger's car in Norfolk in 2023 will serve eight and a half years in prison after pleading guilty to a hate crime, judge Everett A. Martin Jr. ruled Friday.
Daniel Ferguson Jr., 28, admitted to the incidents where he also yelled at minorities to "get off my land," and when detained by police, told officers to let him go so he could "hunt and kill" minority groups, using racial epithets.
At the sentencing hearing, Assistant Commonwealth's Attorney Drew Fairbanks said he believed Ferguson was "motivated by hate itself," and argued Ferguson had "the character of a mass shooter."
"We had a dangerous individual who shot at somebody and tried to wound them. That in itself is enough for us to seek a felony and ask for prison. But this is a hate crime. Not a make believe hate crime, but a real one," said Norfolk Commonwealth's Attorney Ramin Fatehi. "This man said to the police, 'let's go kill [minority groups]'. That is going to run up the sentence that we are going to seek and the judge agreed with us and imposed a sentence way above the high end as a result."
The sentence was greater than the state sentencing guidelines.
Fatehi added that this case was full of "scary red flags," and Fairbanks underlined the fact that Ferguson did not know any of the victims he targeted.
"The Commonwealth likened him to a mass shooter, how do you feel about that?" News 3's Erika Craven asked defense attorney Cole Michael Roberts.
"I feel it's unfair characterization, respectfully. I feel as though there was no evidence to support he had this predisposition, this thought process that he would go out and do the damage they likened him to," said Roberts. "I have a lot of respect for Judge Martin. With all due respect, I think the sentence was harsh for Mr. Ferguson."
Ferguson spoke in court, asking forgiveness from those he threatened. "I hate I don't have more than 'sorry' to offer the families," he said. "I didn't wake up that day looking to endanger others. I'm not that man and I want to get better."
His explanation was that he'd neglected his mental health, was under the influence of substances, and wanted to "die by cop."
"I know he was remorseful and he was trying to put into the correct verbiage to express that remorse. While in Norfolk City Jail he's taken advantage of every opportunity he could with every program that's available to him. And he's been in constant contact with his family who love and support him," said Roberts.
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Earlier this year, Ferguson pleaded guilty to two counts of misdemeanor brandishing, one count of misdemeanor hate crime assault, one count of felony attempted malicious wounding, and one count of felony shooting into an occupied vehicle. He had originally been granted bond before the Commonwealth's Attorney's Office secured an emergency substantial risk order from a Norfolk magistrate and a circuit court judge revoked bond.
"It's now in Mr. Ferguson's hands to do better, be better, and come out better," said Fatehi.
