The group home resident who allegedly used a brick to kill his caretaker had his case bound over to the Grand Jury after a preliminary hearing in General Sessions Court on Tuesday. Shantez Ferguson, 25, stood with defense attorney Erinn O’Leary in front of Judge Gerald Webb Jr. as prosecutor Jason Demastus called upon a couple of witnesses. During each cross-examination, attorney O’Leary reminded the court that her client had mental disabilities, as that was the reason he was living in the group home at the time.
Officer Sonny Warren, who responded to the scene shortly after EMS personnel had done so. said Kevin Garrett, 30, was “not moving and totally unresponsive” when the officer arrived. When he first saw the defendant, he described Ferguson as “pretty upset at the time” and said he appeared to have been involved in a confrontation, as his hands were bloodied.
After Ferguson told the officer he had picked up two bricks and then discarded those bricks into the nearby creek, the officer took a look. In the creek were two bricks, partially covered in blood.
“There was a thick, jelly-like blood on and around the brick and victim,” said officer Warren.
When attorney O’Leary asked for the officer to describe Ferguson’s speech, he said the defendant used “simple words” and constantly stuttered. He believed that Ferguson himself called 911 to get aid for his former caretaker. Officer Warren said he had been wearing a body camera and that all of his interactions with the defendant were recorded.
Investigator Corey Stokes arrived after the victim had been transported away from the scene. He referenced a witness who lived nearby and had installed a security camera at his house. Investigator Stokes said the footage showed the victim driving away in a van, and then coming back a few minutes later, and then something happening behind the van.
The detective said Ferguson “gave me several different statements” over the course of his interview. One story portrayed Ferguson being in his room before hearing a loud boom outside. Another story said he was arguing about a phone, and then accidentally punched Garrett. In the last story, Ferguson allegedly admitted to “accidentally” dropping a brick on Garett’s head three times.
“Accidents only happen once,” said Investigator Stokes.
Attorney O’Leary grilled the investigator on the process of the interview. He said there was no written evidence of Ferguson waiving his right to stay silent. He told the attorney that the defendant verbally agreed to it, and that this was recorded on video. Attorney O’Leary then asked how the investigator could know if Ferguson understood what he was doing. The witness said that the man argued, and “to argue, you must understand.” He also told the defense attorney he did not ask the Ferguson about his level of education.
Aside from that, investigator Stokes also said he knew the neighbor’s address, and had a copy of the surveillance footage. But he also told the judge and defense attorney he did not actually know the man’s name, saying it was Middle Eastern but that he “didn’t want to butcher” how it was pronounced.
After listening to this testimony, Judge Webb bound the case to the Grand Jury, and kept the bond at $1,000,000.
The group home has since moved out of the Hixson neighborhood.