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2014-06-02 Funk

#attorney/Miller-Lacy #attorney/Love-Robert #attorney/Sherrod #attorney/Farren-James #county/Randall #event/death/homicide #people/F/Funk/Jerry-Bruce #officer/RCSO/Alexander-Danny #street/McCormick/W/2500-block/2517 #type/shooting

Murder of Barney Ferguson

Barney Ferguson, 53, a rural Randall County resident, was fatally shot on Monday, June 2, 2014, during an altercation at a rural residence. Jerry Bruce Funk, 54, was arrested on a murder charge in connection with Ferguson's death but ultimately pleaded guilty to the lesser included offense of manslaughter.

Incident

According to the Randall County Sheriff's Department Jerry Funk, the 54-year-old suspect is being charged with murder and is being held on a $150,000 bond.

At approximately 5:40 p.m. on Monday, Randall County Sheriff's Deputies responded to Funk's rural brick house at 2517 W. McCormick Road. The men had been involved in an altercation, according to Deputy Danny Alexander, a spokesman for the Randall County Sheriff's Office. At some point, Funk retrieved a handgun and shot Ferguson.

According to the Randall County Sheriff's Department, the altercation never made it inside the house, and the victim was found outside by his vehicle.

Both men were taken to Northwest Texas Hospital by ambulance. Ferguson was shot in his lower body (specifically his stomach), and he died on Monday. Funk was also treated for injuries from the fight, which were described as minor, and he was later released to Randall County deputies.[1]

"He was being questioned at the time the victim died, then we arrested him on a murder charge and placed him into our jail," Alexander said.

Arrest and Indictment

Jerry Funk

Funk was arraigned and held on a $150,000 bond. Ferguson's body was taken to Lubbock for an autopsy.

A grand jury indicted Funk on a single count of murder on August 20, 2014.

Investigation

Randall County authorities released limited information about the McCormick Road shooting because the incident was still under investigation.

"It's too early, and we can't release too much because it could jeopardize our investigation," PIO for Randall County Sheriff's Department Danny Alexander said.

According to Alexander, the victim was a white male who went to Funk's home. The two men got into an argument, which escalated and ended with Funk shooting the man in the stomach.

Though the biggest question remained, "We have had several stories, and we're trying to get the evidence and the witnesses to kind of lead us in the right direction as to why they got into an altercation," Alexander said.

Case Timeline and Pre-Trial Proceedings

The case proceeded through extensive pre-trial motions and hearings over more than two years:

Final Disposition and Sentencing

Date: November 21, 2016
Judicial Officer: Judge Dan L. Schaap, 47th District Court

Plea and Disposition

Jerry Bruce Funk pleaded guilty to the lesser included offense of manslaughter (reduced from the original first-degree murder charge).

Sentencing

Probation Violation Proceedings

In June 2023, nearly seven years into his probation term, a motion to revoke probation was filed:

Prosecution Team

Assistant Criminal District Attorney Robert Love and fellow prosecutor Lacy Miller handled the case. Love has worked for Randall County since 1994; he was hired by former District Attorney Randy Sherrod just before leaving office after losing his bid for re-election to the current DA, James Farren, in 1994.[2]

Defense

Funk was represented by former District Attorney Randy Sherrod, who has been in private practice since losing his re-election bid in 1994. Sherrod filed numerous pre-trial motions on Funk's behalf, including motions for discovery, suppression of evidence, and motion for community supervision.

Case Preparation

The prosecution team emphasized that murder cases require extensive forensic testing, including:

The case took approximately 2½ years from indictment to final disposition, consistent with prosecutors' earlier estimates that murder cases typically take 18-24 months for preparation before trial.

Potential Sentencing Range

Had Funk been convicted of the original murder charge, he could have faced a sentence of five to 99 years in prison and a fine of up to $10,000. Funk was not charged with capital murder and did not face the possibility of a death sentence.

By pleading guilty to the lesser included offense of manslaughter and receiving a deferred sentence, Funk avoided prison time as long as he successfully completed his 10-year probation term.

Speedy Trial Rights

The length of time between arrest (June 2014) and final disposition (November 2016) was approximately 2½ years. Love did not believe this compromised a defendant's right to a speedy trial, noting there is a balance to be struck in ensuring that a defendant has ample time to prepare for his or her defense "in a period of time that is practical and feasible."

According to legal resources, the Sixth Amendment guarantees the right to a speedy trial, but what constitutes "speedy" is determined on a case-by-case basis using a four-part test established by the Supreme Court in Barker v. Wingo:

  1. The length of the delay
  2. The reason for the delay
  3. Whether and to what extent the defendant asserted their speedy trial right
  4. The prejudice to the defendant caused by the delay

Love also noted that family concerns are a top priority for both prosecutors and defense counsel. Families are put on a "roller coaster of emotions" waiting for the case to come to trial.

  1. https://abc7amarillo.com/news/local/mccormick-road-resident-charged-with-murder ↩︎

  2. https://www.newschannel10.com/story/28920574/murder-case-bogged-down-by-detailed-probe/ ↩︎