A man who was sentenced to prison in a robbery case is appealing his decision, according to his attorney.
Hansome Ferguson Jr. sits in the Bell County Jail, as he waits for his appeal. Ferguson was found guilty by a jury March 17 of robbing a Dollar General store on Rancier Avenue on March 5, 2014. He was sentenced to 60 years in prison by Judge Martha J. Trudo.
A store employee said a man followed him into the office and tried to take a drawer of money from him, according to the affidavit. The employee told police he was hit in the head several times, but when he fought back, the suspect dropped a black and white hat on the floor, which was later gathered as evidence.
The hat was tested at a Department of Public Safety crime lab, according to the affidavit, and it contained DNA that matched Ferguson’s to “a reasonable degree of scientific certainty.”
However, the basis for Ferguson’s appeal revolves around the fact that there was more than one person’s DNA on the hat. An affidavit for a search warrant signed by police officer Terry Kaiser said the swab samples “would be able to identify, eliminate, or prove that suspect Hanson Ferguson was a contributor to the samples collected from the hat that he left behind during the robbery.” The affidavit states that Ferguson was “the primary contributor of the mixture of DNA profiles found on the hat.”
Ferguson was going through drug abuse treatment during the time the robbery took place, he told his attorney, and believes that someone at the treatment center took the hat. Though it may have been his hat at one point, he said he no longer is in possession of it.
Ferguson has a past history of felony robberies. On May 16, 2003, and Sept. 27, 2007, he was convicted of robbery in two separate cases.