Troy man to be re-sentenced for felony attempted rape


Note: This case will be re-setenced on Wednesday, Nov. 4 due to a court error. Fergerson, 19, pleaded guilty to second degree felony attempted rape; victim was under 13.

By Melanie Yingst - myingst@civitasmedia.com



TROY —UPDATE: According to the Miami County Common Pleas court docket, Nicholas Fergerson will be re-sentenced due to a sentencing error on Nov. 4. Fergerson faces five to 25 years in prison on one ammended count of second degree felony attempted rape with a specification that the victim was under the age of 13.

Earlier on Monday, noting his lack of genuine remorse and self-serving statements, Miami County Common Pleas Judge Jeannine Pratt sentenced Nicholas Fergerson, 19, of Troy, to serve 20 years in prison for an amended charge of second degree felony attempted rape in Miami County Common Pleas Court.

Last month Fergerson plead guilty to one count of second-degree felony attempted rape with a specification that the victim, a female, was under the age of 13.

“In the regard of finding of no genuine remorse ….in the pre-sentence investigation, the defendant made self-serving statements about how this event has affected him,” Judge Pratt said. “The situation speaks for itself. If it wasn’t for the amended charge, Mr. Fergerson, you would be looking at a life sentence. You have to thank your attorney (public defender Steve Layman) for the amended charge.”

Fergerson must register as a Tier 3 sex offender for the rest of his life. Upon release, Fergerson will serve five years of post-release control. Judge Pratt did not impose a fine in the case and gave him 119 days of jail credit.

Miami County Prosecutor Tony Kendell said, “It was clear Fergerson was placed in a position of trust and authority and violated that trust in very hateful and despicable way.”

Prior to sentencing, Fergerson pleaded for leniency in his case noting his age, asked for the victim’s family to forgive him and said he was ashamed for what he had done to the victim.

The victim’s mother, father and maternal grandmother gave victim impact statements in court, noting the lifetime of psychological and physical harm Fergerson has caused the victim and anguish it has caused their family.

Judge Pratt also considered Fergerson’s lengthy juvenile court record and noted it was Fergerson’s first felony as an adult.

The incident took place at the victim’s grandmother’s home in Casstown on June 22. At the time of the incident, Fergerson had stayed overnight at the home with his girlfriend, who is the victim’s aunt.

The victim’s grandmother returned home early from work and found the child and Fergerson both awake, but in separate rooms the morning of the incident. The victim told the grandmother that Fergerson had laid behind her on the couch and sexually assaulted her that morning.

http://www.tdn-net.com/wp-content/uploads/sites/21/2015/11/web1_Fergerson3.jpg
Note: This case will be re-setenced on Wednesday, Nov. 4 due to a court error. Fergerson, 19, pleaded guilty to second degree felony attempted rape; victim was under 13.

By Melanie Yingst

myingst@civitasmedia.com