Judge admits confession as evidence in LRT shooting
A judge ruled Monday the videotaped confession of an accused killer in the fatal shooting at the Stadium LRT station in 2010 is admissable as evidence.
The interrogating officers were professional in ensuring Colton Ferguson knew his rights, Justice Sterling Sanderman said.
Ferguson had contacted a lawyer by telephone and was even allowed to speak to his mother, he said.
"His will was not over-ridden," said Sanderman.
Ferguson, 21, is on trial for first-degree murder for the death of Heather Rae Thurier, 23, at the Stadium LRT station on May 21, 2010.
Thurier died from a gunshot wound after she was shot in the face by a man with carrying a sawed-off rifle. The incident was captured on surveillance video from the LRT station.
In an interview with police, Ferguson admitted to being the man on the tape.
Video of the police interview was played in court on Thursday during a voir dire, a trial within a trial, where the judge must determine whether the confession can be admitted as evidence in the trial.
Ferguson's lawyer Ashok Gill argued Friday that Ferguson, then 19, was young, naive and emotional when he was interviewed a few days after the shooting.
Ferguson repeatedly asserted his right to remain silent when he told police he had nothing to say, Gill added.
But Crown Prosecutor Richard Tchir argued Ferguson was given ample opportunity to phone a lawyer, and even spoke to one at one point.
Tchir says it's clear that Ferguson understood his rights when he told officers, "You can come at me all day and I'm not gonna give you nothing."