NASSAU -The Court of Appeal has upheld the firearms convictions of the front seat passenger in a car.
Jason Ferguson was sentenced to 2 ½ years in prison, plus a $10,000 fine for possession of two .45mm pistols. He will serve an additional year if he doesn’t pay the fine.
Police on patrol on Montrose Avenue around 3:45am on August 4, 2018 came across a heavily tinted Chevy Cruze that was speeding.
The officers pursued the car while sounding their foghorn and flashing emergency lights.
However, the car’s driver, Hubert Mackey, ignored the commands to stop and led police on a high-speed chase.
Eventually, the chase ended near St. Barnabas Church on Wulff Road.
The officers ordered the four occupants out of the vehicle and searched it in their presence.
Immediately, the officers saw two loaded .45 Glock pistols in the center console between the driver’s and passenger’s seats.
Mackey, a mechanic, said the car belonged to a customer who needed the brakes replaced. He testified he didn’t see any firearms when the owner handed the car over.
In February 2021, Magistrate Samuel McKinney convicted both Mackey and Ferguson, finding that they had knowledge and possession of the firearms right next to them.
Magistrate McKinney acquitted the backseat passengers at the close of the prosecution’s case.
Justice of Appeal Jon Isaacs said the magistrate was entitled to conclude that Ferguson and Mackey were acting in concert in possessing firearms and ammunition.
Additionally, he said there was no evidence that the backseat passengers knew the guns were in the car.
Given that Ferguson faced a potential of 10 years’ imprisonment, Justice Isaacs did not find the sentences were unduly harsh.
Public defender Stanley Rolle represented Ferguson and Stephanie Pintard appeared for the prosecution.
