DANELLE KAY FERGUSON SENTENCED IN U.S. DISTRICT COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on May 14, 2007, before U.S. District Judge Sam E. Haddon, DANELLE KAY FERGUSON, a resident of Poplar, appeared for sentencing. FERGUSON was sentenced to a term of:

Prison: 360 months
Special Assessment: $100
Restitution: $3,500
Supervised Release: 5 years
FERGUSON was sentenced in connection with her guilty plea to second degree murder.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On July 21, 2006, law enforcement received notification that the FERGUSON'S 11-month old son was taken to the emergency room at Poplar Community Hospital because he was unresponsive. FERGUSON told law enforcement that she found her son laying on the floor of her residence, located in Poplar within the exterior boundaries of the Fort Peck Indian Reservation, unconscious. Medical personnel in Poplar made the decision to transfer the infant to Denver Children's Hospital because of the severity of injuries. The infant was breathing and had a faint pulse, but he was unresponsive. Numerous bruises were found on both thighs, his abdomen, and his forehead.

On July 24, 2006, while under treatment at the Denver Children's Hospital, the infant went into cardiac arrest three times throughout the night. He was resuscitated each time. The infant never regained consciousness and died on July 25, 2006. FERGUSON accompanied her son to Denver. When questioned by medical personnel, she again reiterated that she found her son on the floor. She explained the bruises to his face by claiming that he fell off of her bed and hit his head on the carpet. The bruising to his legs, she explained, was caused by taking her son in and out of his walker.

On July 26, 2006, Dr. James W. Wahe performed an autopsy. Dr. Wahe described the infant as well-developed and well-nourished. He noted visual injuries (bruises) on his head, chest , and abdomen. Additional internal injuries included bilateral subdural hemorrhages and lateral retinal hemorrhages. Dr. Wahe opined that the injuries were consistent with Shaken Baby Syndrome with additional injuries reflecting that the infant had been slammed against something. Specifically, Dr. Wahe noted bruising to the right and left side of the infant's face, which he opined was caused by the infant's face hitting some object. The shaking as well as hitting the infant's head against another object were, in Dr. Wahe's opinion, the cause of death.

On September 13, 2006, FERGUSON was interviewed by law enforcement. FERGUSON admitted that she shook her son, holding him under his arms and out in front of her, and then placed him on the couch because he would not stop crying. She told law enforcement that her addiction to morphine caused her to act in this manner. She denied that she had ever abused her son previously.

On November 14, 2006, the infant's older brother (age 8) was interviewed. The brother told law enforcement that he was inside his house with his mother (FERGUSON) and his brother (the victim), playing with his brother. His brother began to cry. His mother picked him up by his ankles and held him upside down. His brother continued to cry so his mother shook him, and then slammed him against the bed and onto the floor. Then his mother put him on the floor on a pile of blankets. The older brother stayed with his brother after the incident. He continued to cry for awhile, and then he went to sleep. He never woke up. The older brother told law enforcement that he saw his mother pick up his younger brother by his ankles and shake him in a similar manner one other time.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FERGUSON will likely serve all of the time imposed by the court. In the federal system, FERGUSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Lori H. Suek prosecuted the case for the United States.

The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and Fort Peck Criminal Investigations.

United States Attorney's Office for the District of Montana

P.O. Box 1478
Billings, MT 59103

CONTACT

Kurt Alme
First Assistant U.S. Attorney
(406) 247-4669