John Errol Ferguson

Case information

John Errol Ferguson was sentenced to death and was executed by lethal injection in Florida on August 5, 2013.

Timeline

• 07/27/77 — Ferguson posed as a Florida Power and Light employee and was let into a home by Margaret Wooden to check electrical outlets; he bound and blindfolded Wooden, brought in Marvin Francois and Beauford White, and the group later moved the bound victims between rooms.
• 01/08/78 — Brian Glenfeld and Belinda Worley were last seen around 9:00 p.m. on Sunday, 01/08/78, after leaving a Youth-for-Christ meeting.
• 01/08/78 (next morning) — Their bodies were discovered in a wooded area; Glenfeld’s body was behind the wheel of a car, and Worley’s body was found in nearby dense growth.
• 04/05/78 — Police arrested Ferguson at his apartment pursuant to a warrant for unlawful flight to avoid prosecution; Ferguson was under indictment for the six murders that occurred on 07/27/77.
• 04/13/78 — Ferguson was indicted with first-degree murder, armed sexual battery, armed robbery, unlawful possession of a firearm while engaged in a criminal offense, and possession of a firearm by a felon counts.
• 05/24/78 — A jury returned an acquitted verdict on Count XII.
• 05/25/78 — A jury returned guilty verdicts on Counts I through XI of the indictment; the jury recommended death sentences by a majority vote.
• 05/25/78 — Ferguson was sentenced on the Counts I through XI case.
• 07/15/82 — The Florida Supreme Court affirmed convictions but remanded for resentencing.
• 11/13/78 — The Florida Supreme Court affirmed convictions but remanded for resentencing.
• 10/10/83 — Ferguson filed a direct appeal to the Florida Supreme Court.
• 05/27/83 — Ferguson was resentenced to death.
• 06/27/85 — The Florida Supreme Court affirmed the death sentence.
• 08/28/87 — Accomplice White was executed.
• 06/19/90 — The Circuit Court denied Ferguson’s 3.850 motion.
• 08/10/90 — Ferguson filed a 3.850 motion appeal with the Florida Supreme Court.
• 02/26/92 — The Florida Supreme Court issued mandate after affirming denial of the 3.850 motion.
• 12/09/93 — The Florida Supreme Court denied Ferguson’s petition for writ of habeas corpus.
• 03/20/95 — Ferguson filed a petition for writ of habeas corpus with the U.S. District Court, Southern District.
• 05/19/05 — The U.S. District Court denied the petition.
• 06/17/05 — Ferguson filed a petition for writ of habeas corpus appeal with the U.S. Court of Appeals, 11th Circuit.
• 08/26/09 — The U.S. Court of Appeals affirmed denial of habeas.
• 03/31/10 — Ferguson filed a petition for writ of certiorari with the U.S. Supreme Court.
• 06/01/10 — The U.S. Supreme Court denied the petition.
• 08/05/2013 — Ferguson was executed by lethal injection in Florida.
• August 5, 2013 (evening) — Ferguson’s eyes were noted to dart and he made a final statement before 25 witnesses, and lethal drugs were administered; he was pronounced dead at 6:17 p.m.

Background

Ferguson was diagnosed with paranoid schizophrenia and had a long history of severe mental illness that predated the crimes. He was released from a state mental hospital after being found a danger to himself and society, and months later he committed the Carol City murders.

Ferguson chose to eat the same food other prisoners were being served as his final meal: a meat and vegetable patty, white bread, stewed tomatoes, potato salad, carrots and iced tea.

Ferguson’s “Final Words” were: "I just want everyone to know that I am the prince of God and will rise again."

The offence

07/27/77 Carol City home-invasion robberies and killings

Ferguson posed as a Florida Power and Light employee and was let into a home by Margaret Wooden to check the electrical outlets. After looking in several rooms, Ferguson drew a gun, then bound and blindfolded Wooden. Ferguson let two accomplices, Marvin Francois and Beauford White, into the home to continue searching for drugs and money.

Two hours later, the owner of the home, Livingston Stocker, and five friends returned home and were bound, blindfolded, and searched by Ferguson, Francois, and White. The seven bound and blindfolded people were moved from the living room to a bedroom.

Later, Wooden’s boyfriend, Michael Miller, entered the house and was bound, blindfolded, and searched. Miller and Wooden were moved to another bedroom together and the other six men were moved to the living room.

At some point in the evening, Marvin Francois’ mask fell off and his face was revealed to the others. Wooden heard shots coming from the living room, where Francois was shooting the men. Ferguson placed a pillow over Wooden’s head and then shot her. Wooden was not fatally wounded; she saw Miller being shot and heard Ferguson run from the room.

When the police arrived, they found six dead bodies. All of the dead bodies had their hands tied behind their back and had been shot in the back of the head. Johnnie Hall survived a shotgun blast to the head and testified regarding the execution of the other men in the living room.

The dead were Livingstone Stocker, Michael Miller, Henry Clayton, John Holmes, Gilbert Williams, and Charles Cesar Stinson. Two survived: Johnnie Hall and Margaret Wooden.

Ferguson was indicted with the following counts for the 07/27/77 incident:

• Counts I–VI: First-Degree Murder
• Count VII: Attempted First-Degree Murder
• Count VIII: Attempted First-Degree Murder
• Counts IX–XI: Armed Robbery

A jury returned an acquitted verdict on Count XII.

A jury returned guilty verdicts on Counts I through XI of the indictment and recommended death sentences by a majority vote.

Ferguson was sentenced as follows on Counts I through XI:

• Counts I–VI: First-Degree Murder — Death
• Count VII: Attempted First-Degree Murder — 30 years
• Count VIII: Attempted First-Degree Murder — 30 years
• Counts IX–XI: Armed Robbery — Life imprisonment

Ferguson was resentenced to death on 05/27/83.

01/08/78 murder, armed sexual battery, armed robbery, and firearm offences involving Glenfeld and Worley

Ferguson was also convicted separately of murdering Worley and Glenfeldt. Brian Glenfeld and Belinda Worley, both seventeen years old, were last seen around 9:00 p.m. on Sunday, 01/08/78. They were supposed to meet friends at an ice cream parlor but never arrived. Their bodies were discovered the next morning in a wooded area.

Glenfeld’s body was behind the wheel of a car and had gunshot wounds to his chest, arm, and head. Worley’s body was found in a nearby dense growth, where she had been raped and then shot in the head.

Several pieces of Worley’s jewelry were missing. Cash was missing from Glenfeld’s wallet.

Ferguson was indicted with the following counts on 04/13/78:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Armed Sexual Battery
• Count IV: Armed Robbery
• Count V: Armed Robbery
• Count VI: Unlawful Possession of a Firearm While Engaged in a Criminal Offense
• Count VII: Possession of a Firearm by a Felon
• Count VIII: Possession of a Firearm by a Felon

On 10/07/78, the jury returned guilty verdicts on all counts of the indictment, and Count V was reduced to Attempted Armed Robbery by the jury. The jury recommended death sentences by a majority vote.

Ferguson was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Death
• Count III: Armed Sexual Battery — Life Imprisonment
• Count IV: Armed Robbery — Life Imprisonment
• Count V: Armed Robbery (reduced to Attempted Armed Robbery) — 15 year
• Count VI: Unlawful Possession of a Firearm While Engaged in a Criminal Offense — 15 years
• Count VII: Possession of a Firearm by a Felon — 15 years
• Count VIII: Possession of a Firearm by a Felon — 15 years

Investigation and arrest

On 04/05/78, police arrested Ferguson at his apartment pursuant to a warrant for unlawful flight to avoid prosecution in connection with the Carol City murders. At the time of his arrest, Ferguson was under indictment for the six murders that occurred on 07/27/77 (case # 77-28650-D).

After a consent search of the apartment, police recovered a gun that was similar to the gun used to kill Glenfeld and Worley. Police also found a .357 magnum capable of firing .38 caliber bullets, which was said to be the same kind used to kill Glenfeld and Worley. The gun was registered to Stocker, one of the victims in the Carol City murders.

At some point after Ferguson’s arrest, he admitted to shooting the couple, describing it as killing “the two kids.”

Trial

Codefendants and related convictions

Ferguson, White, and Francois were indicted together as coconspirators, but each was tried separately.

White was convicted on all counts of the indictment. The jury recommended life imprisonment, but the judge sentenced him to death. White was executed on 08/28/87.

Francois was convicted on all counts of the indictment. The jury recommended death sentences, and he was sentenced to death. Francois was executed on 05/29/85.

Adolphus Archie, who drove the car used to drop off and pick up the shooters, pled guilty to Second-Degree Murder and was sentenced to twenty years imprisonment.

Sentencing and appeals

Clemency and delay

A clemency hearing was held on 03/10/87 and was denied. The delay in the case was attributed to resentencing and the pending Federal Habeas Petition filed on 03/20/95.

Direct appeals and post-conviction proceedings (Florida)

For Ferguson’s Carol City case (case # 77-28650-D), a direct appeal was filed on 07/15/82 (FSC# 55,137). The Florida Supreme Court affirmed convictions but remanded for resentencing on 08/27/82, and the mandate issued on 08/27/82.

For Ferguson’s Glenfeld and Worley case (case # 78-05428), a direct appeal was filed on 07/15/82 (FSC# 55,498).

In a consolidated direct appeal (FSC# 64,362 & 65,961), the Florida Supreme Court affirmed death sentences on 10/10/83 after an appeal filed on 06/27/85, and the mandate was issued on 09/09/85. Rehearing was denied on 10/15/85 and the mandate issued on 10/15/85.

A Circuit Court 3.850 motion was filed on 10/15/87 and was denied on 06/19/90. A Florida Supreme Court 3.850 appeal was made (FSC# 76,458) with an appeal filed on 02/06/92, and the court affirmed the denial on 02/26/92 with mandate issued on 02/26/92.

A petition for writ of habeas corpus (FSC# 80,549) was filed on 12/09/93 and was denied on 12/09/93; rehearing was denied on 02/24/94.

Federal habeas and U.S. Supreme Court

Ferguson filed a petition for writ of habeas corpus in the U.S. District Court, Southern District on 03/20/95. The case was administratively closed pending resolution of state proceedings on 05/15/00, reopened on 08/07/01, and a supplemental brief was filed on 11/02/01. The petition was amended on 09/26/03, and it was denied on 05/19/05.

Ferguson filed a petition for writ of habeas corpus appeal in the U.S. Court of Appeals, 11th Circuit on 06/17/05 (USCA# 05-13595). The District Court’s denial was affirmed on 08/26/09.

Ferguson filed a petition for writ of certiorari in the U.S. Supreme Court on 03/31/10 (USSC# 09-1186). The petition was denied on 06/01/10.

Outcome

Ferguson was executed by lethal injection in Florida on August 5, 2013. He was pronounced dead at 6:17 p.m., following lethal drugs administered at 6:01 p.m. The final statement he made was: "I just want everyone to know that I am the prince of God and will rise again." The execution was described as taking 16 minutes.

Aftermath and additional details

Ferguson’s execution occurred 10 months after he was originally slated to die by lethal injection at Florida State Prison in Starke. Relatives of the victims sat in the front-row of the death chamber and were described as apprehensive.

Michael Worley, whose 17-year-old sister Belinda Worley was raped and shot to death, stated that he believed Ferguson’s insanity was “fabricated and coached” even until the end. He also said: "Thank goodness justice finally prevailed and he was finally executed," and "I think he got off easy compared to what he did to the victims."

Ferguson’s lawyer Christopher Handman criticized the U.S. Supreme Court’s denial of a last-minute appeal to stay the execution and said: "He has a fixed delusion that he is the ‘Prince of God’ who cannot be killed and will rise up after his execution to fight alongside Jesus and save America from a communist plot," "He has no rational understanding of the reason for his execution or the effect the death penalty will have upon him."

Ron Honberg, J.D., national director of policy and legal affairs for NAMI, said: "The death penalty is not constitutionally allowable as a punishment for John Ferguson because his delusions prevent him from understanding the nature of what is happening to him," "The constitutional principle does not excuse his crimes, but it does point to life without parole as the appropriate sentence."

Baylor Johnson, spokesman for the ACLU of Florida, said: "This execution comes at a time when there is already growing doubt about the accuracy, legality and morality of Florida’s death penalty system. Our state putting a severely mentally ill person to death in spite of the constitutional prohibition only serves to feed that doubt." "He noted, "Constitutional law is clear on this point: killing the severely mentally ill violates the Eighth Amendment’s protection against cruel and unusual punishment. And John Ferguson’s history makes it clear that he [was] severely mentally ill."

Other details

Ferguson’s prison and case identifiers included: Inmate Ferguson, John Errol DC# 015110; DOB: 02/27/48; Eleventh Judicial Circuit, Dade County; Case # 77-28650-D & 78-05428.

The sentencing judge was The Honorable Richard S. Fuller.

Trial attorneys listed were Frederick Robbins and Michael Hacker — Special Assistant Public Defenders.

Direct appeal counsel listed was Michael S. Hacker — Special Assistant Public Defender.

Collateral appeal counsel listed was E. Barrett Prettyman, Jr. — Private.

Date of offense was 07/27/77.

Date of sentence was 05/25/78 and date of resentence was 05/27/83.

Prior incarceration history in Florida stated that at the time of each of the murders, Ferguson was on probation after serving an eighteen month prison sentence for a 1976 conviction for Resisting a Police Officer with Violence. His prior criminal history also included a 1971 Robbery conviction and a 1965 Assault with Intent to Rape conviction, for which Ferguson was sentenced to ten years imprisonment.

Ferguson was also indicted together as coconspirators with White and Francois but each was tried separately.

Inmate White and Francois were executed in 1987 and 1985 respectively (White executed on 08/28/87; Francois executed on 05/29/85).

Inmate Adolphus Archie was sentenced to twenty years imprisonment.