Colin Ferguson
Mugshot of Colin Ferguson
Location	Merillon Avenue, Garden City, Long Island, New York
Date	December 7, 1993
Attack type	mass murder, massacre
Weapon(s)	Ruger P-89 9mm pistol
Deaths	6
Injured	19
Perpetrator(s)	Colin Ferguson

Colin Ferguson (born January 14, 1958, Kingston, Jamaica) was convicted of murdering six people and injuring nineteen others on the Long Island Rail Road in Garden City, New York on December 7, 1993. Merillon Avenue is a train station on the Main Line ( Port Jefferson Branch service of the Long Island Rail Road. Garden City New York is a village in central Nassau County, New York, in the USA, which was founded by multi-millionaire Alexander Turney Long Island is an island located in southeastern New York, USA, its western shores directly across from Manhattan, from which the island stretches New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous This article deals with mass killings that are not considered Genocide. The Ruger P series Pistols are a line of Centerfire Semi-automatic pistols made by Sturm Ruger & Company. Events 1129 - Formal approval of the Order of the Templar at the Council of Troyes. Year 1958 ( MCMLVIII) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. Kingston is the Capital and largest city of Jamaica and is located on the southeastern coast of the island country Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Garden City New York is a village in central Nassau County, New York, in the USA, which was founded by multi-millionaire Alexander Turney Events 43 BC - Marcus Tullius Cicero assassinated 1696 - Connecticut Route 108, one of the oldest highways Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) As the train pulled into the Merillon Avenue Station, Ferguson pulled out his gun and started firing at passengers. Merillon Avenue is a train station on the Main Line ( Port Jefferson Branch service of the Long Island Rail Road. He killed six and wounded nineteen before being stopped by three of the passengers: Kevin Blum, Mark McEntee, and Mike O'Connor. Ferguson's trial was notable for a number of unusual developments, including his firing of his defense counsel and insisting on representing himself and examining himself as a live witness. In most Litigation under the Common law Adversarial system the Defendant, perhaps with the assistance of counsel, may allege or present A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e

Contents 1 Trial 2 Aftermath 3 See also 4 References

Trial

Ferguson's defense team had proposed an innovative defense that he had been driven to temporary insanity by black rage, and that he should not be held criminally liable, even though he had committed the killings. Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In the USA, black rage refers to a purported psychological phenomena and Innovative defense proposed but not used for the 1994 Colin Ferguson Mass In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment However, Ferguson insisted that he had not committed the shootings and chose to represent himself. Ferguson's attorney was quoted in the Associated Press (August 12, 1994) as saying,

"Without a psychiatric defense, Ferguson has no defense. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person The Associated Press ( AP) is an American News agency. The AP is a Cooperative owned by its contributing Newspapers radio Events 1099 - First Crusade: Battle of Ascalon - Crusaders under the command of Godfrey of Bouillon defeat Fatimid Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Psychiatry is a medical specialty which exists to study, prevent, and treat Mental disorders in Humans Psychiatric There was no doubt that he was there, that he fired the weapon, that he would have fired it more if he had not been wrestled to the ground. There is no doubt that Colin Ferguson, if sane, was guilty. "

Before the trial, William Kunstler and Ron Kuby attempted to argue that Ferguson was driven to mental illness through years of living in an oppressive and racist society. William Moses Kunstler ( July 7, 1919 - September 4, 1995) was an American self-described "radical lawyer" and Civil rights Ronald L Kuby (born July 31, 1956 in Cleveland Ohio) is a criminal defense and Civil rights lawyer, radio talk show host and TV Mental disorder or mental illness is a psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that A society is a Population of Humans characterized by patterns of relationships between individuals that share a distinctive Culture and Institutions They argued that Ferguson's insistence on representing himself and not pleading insanity demonstrated his psychological incompetence to stand trial. In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that Psychology (from Greek grc ψῡχή psȳkhē, "breath life soul" and grc -λογία -logia) is an Academic and This submission was rejected by the presiding judge Donald E. Belfi. Judge Donald E Belfi, born January 21, 1936, was a Lawyer and Politician in Nassau County New York. Ferguson was found competent to stand trial at the Nassau County Court, and allowed to represent himself (pro se). There is also a Town of Nassau in Rensselaer County. Nassau County is a suburban county in the New York Metropolitan

A 2002 book by trial consultant Mark C. Bardwell and criminal justice professor Bruce A. Arrigo examined the competency issues in the Ferguson case. ^[1]

Ferguson's trial proved to be bizarre as he would be cross examining the police that arrested him and victims he shot. It was broadcast live by local media and Court TV, but was constantly overshadowed by the O.J. Simpson murder case going on simultaneously on the west coast. truTV is an American Cable Television network owned by Time Warner through its subsidiary Turner Broadcasting. The O J Simpson murder case was a highly publicized US Criminal trial in which O

Ferguson argued that the 93 counts he was charged with were related to 1993, and had it been 1925 he would've been charged with only 25 counts. He admitted bringing the gun onto the train, but claimed that he fell asleep, and another man grabbed his gun and began firing. He also argued that a mysterious man named Mr. Su had information concerning a conspiracy against him. He also found another man who was willing to testify that the government implanted a computer chip in Ferguson's brain, but at the last minute decided not to call him to the stand. Microchipsjpg|right|thumb|200px|Microchips ( EPROM memory with a transparent window showing the integrated circuit inside His cross examination questions mostly started with "Is it your testimony. . . " and would simply force the witness to repeat testimony already given. When a witness refused to answer the question to his satisfaction he would often ask the judge to "admonish the witness to answer the question". Legal experts pointed out that Ferguson's questions were pointless and were not geared towards rebutting testimony. By not recognizing when to object to testimony and closing arguments, he would lose his right to appeal on those grounds. Among the defense witnesses Ferguson requested was President Bill Clinton. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States After his conviction, he was put in the unenviable position to argue in appellate briefs that he had incompetent counsel (himself).

Ferguson was convicted on February 17, 1995 of murder for the death of the six passengers who died of their injuries:

• Amy LoCicero Federici
• James Gorycki
• Mikyung Kim
• Theresa Magtoto
• Dennis McCarthy
• Richard Nettleton

He was also convicted of attempted murder for wounding nineteen passengers during the mass murder. Events 1500 - Battle of Hemmingstedt. 1600 - Philosopher Giordano Bruno is burned alive at Campo de' Fiori Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries This article deals with mass killings that are not considered Genocide. He received six consecutive life sentences, along with the judge's promise that "Colin Ferguson will never return to society, and will spend the rest of his natural life in prison". Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most At the sentencing, Judge Donald E. Belfi called Ferguson a "selfish, self-righteous coward". Judge Donald E Belfi, born January 21, 1936, was a Lawyer and Politician in Nassau County New York. He also used the sentencing as an opportunity to criticize New York's controversial Sentencing Cap Law, which would have capped Ferguson's sentence at 50 years had no one died in the massacre because all of the felonies he committed on the train were part of one occurrence, therefore all sentences would have been served concurrently and capped at 50 years. Only because at least one person died, did he become eligible for a life sentence rendering the cap law inapplicable.

Ferguson is currently serving his sentence at the Attica Correctional Facility in upstate New York. The Attica Correctional Facility is a maximum-security Prison located in Attica New York, a small town located midway between Buffalo and Rochester

Aftermath

Carolyn McCarthy, whose husband Denis McCarthy was killed by Ferguson, and whose son, Kevin McCarthy, was severely injured, was subsequently elected to the United States Congress on a platform of gun control. Carolyn McCarthy (born January 5 1944 is an American Politician and has been a Democratic member of the United States House of Representatives Gun politics is a set of legal issues surrounding the ownership use and regulation of firearms as well as safety issues related to firearms both through their direct use and through She was motivated to run for Congress after the representative in her district Dan Frisa voted against an assault weapons bill. Daniel "Dan" Frisa (born April 27, 1955) was a member of the United States House of Representatives from 1995 to 1997 Some of Ferguson's other victims and their family members have also become involved in gun control efforts.

McCarthy also sued Olin Corporation, the parent of Winchester Ammunition under products liability and negligence theories for their manufacture of the Black Talon bullets used by Ferguson. Black Talon is a type of Ammunition that was produced by Winchester Ammunition in the 1990s primarily for law enforcement and self-defense The suit failed for numerous reasons, most notably that New York law placed no responsibility on manufacturers for the criminal misuse of their products and that legislatures, not courts, should make decisions relating to regulating weapons. ^[2]

Gun rights advocates frequently cite the Ferguson attack on the commuter train as an example of the danger of disarming the population, arguing that Ferguson was able to shoot as many victims as he did because no other person on the train was able to return fire.

Most of the regular commuters who used the 5:33 Hicksville Local returned to the train the day after the shootings. Interviewed by the media, a number cited the need to face their fears and the trauma created by the crimes rather than avoid riding their regular train. Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event.

The railroad did not discontinue the scheduled train or alter its schedule after the shootings, and the 5:33 Hicksville Local continues to operate. The car (M3 9891) in which the shootings occurred was refurbished and renumbered (to 9945) and still operates on the LIRR. The M1 and M3 are two nearly identical series of Electric multiple unit rail cars made by the Budd Company for the Long Island Rail Road

Ferguson was the subject of a Saturday Night Live comedy sketch in which he, portrayed by Tim Meadows, declared "I did not shoot them, they shot me" and asked witnesses questions about shooting him while they were on the stand. Saturday Night Live ( SNL) is a weekly late-night 90-minute American Sketch comedy / Variety show based in New York City Tim Meadows (born February 5 1961) is an American Actor and Comedian.

During the 1993 summer excursion season the LIRR presented a dinner theater mystery, Murder on the Montauk Express, on its premier Friday evening train to the resorts of the Hamptons and Montauk. Dinner theater (sometimes called dinner and a show) is a form of Entertainment that combines a Restaurant Meal with a staged play. A resort is a place used for Relaxation or Recreation, attracting visitors for Holidays or Vacations Resorts are places towns or sometimes The Hamptons refers specifically to the towns of Southampton and East Hampton on the east end of Long Island New York. Montauk is a hamlet (and Census-designated place) in Suffolk County, New York on the South Shore of Long Island. The play was not renewed after the Ferguson murders.

In 1994, Ferguson was apparently involved in a fistfight with fellow inmate Joel Rifkin. Joel David Rifkin (born January 20 1959) is an American Serial killer who murdered 18 women mostly drug addicted Prostitutes The brawl began after an argument regarding "whose killings were better". Other sources say the fight was also (or perhaps only) about telephone privileges. ^[3]

See also

The Long Island Incident

References

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