ITHACA, N.Y. — Cadji Ferguson, 26, who was charged in connection with an altercation on the Commons in April, was found not guilty Friday of disorderly conduct.
Ferguson was on trial for the charge of disorderly conduct, a violation, after Ithaca Police Department officers arrested him on the Ithaca Commons on April 6. Officers observed Ferguson strike a man, later identified as Joseph Ming. Body camera footage captured Ferguson repeatedly calling Ming “a predator” and witnesses testified Friday that Ming shoved Ferguson and his friend Rose de Groat before Ferguson struck him. Ferguson’s attorney, Seth Peacock, argued his client was justified in punching a man who was threatening.
Ferguson had a bench trial, which means the case is heard and decided by a judge, without a jury. The courtroom was full of people supporting Ferguson, from groups including Black Lives Matter – Ithaca, Showing Up for Racial Justice and the Multicultural Resource Center.
Ithaca City Court Judge Scott Miller said Friday the prosecution did not meet its burden to prove that Ferguson was unjustified in striking Ming. Further, Miller said the prosecution did not prove beyond a reasonable doubt that Ferguson engaged in a fight on the Ithaca Commons with intent to create a public inconvenience or alarm, or with reckless disregard for the possibility of creating public alarm. The altercation, Miller said, was confined to Ferguson, Ming, and a small group of Ferguson’s friends.
In court Friday, Assistant District Attorney Amelia Carol Christian called officer Gregory Herz to the stand. Herz described Ferguson’s punch as a “haymaker,” a word Christian repeated in her closing arguments. While Herz was on the stand, Christian replayed footage from a Commons surveillance camera as the officer narrated. He said he observed Ferguson throw a punch, ran toward him along with three other officers, and took him into custody.
Under cross-examination, Herz faced questions from Peacock about why he didn’t question or take a statement from Ming, who continued to argue with Ferguson as he was handcuffed and led to a police vehicle. Herz said Ming was too intoxicated to give an accurate statement.
“You do not take a statement from someone who is intoxicated to that degree,” Herz said on the witness stand.
Peacock called Ferguson and his brother, Dominique Stevenson, to testify about their recollection of the evening. Both described Ming as drunk and threatening. The brothers were standing with a group of friends that included Rose de Groat and three others. They said Ming approached and began standing behind one friend, with his body just a couple of inches from her. Both said Ming’s groin was close to their friend’s rear. Ferguson testified that he thought at the time Ming touched his friend, but couldn’t be sure whether contact occurred.
According to testimony from both Ferguson and Stevenson, Ferguson asked Ming — who Stevenson described as a middle aged white man, about 220 pounds and 6’3″ or 6’4″ — why he was standing in their group. They said Ming didn’t answer Ferguson’s questions about who he was or why he hovering. Ferguson said he asked, “Are you a predator?” at which point Ming appeared angry, squaring off and puffing his chest.
Ferguson and Stevenson testified that Ming shoved Ferguson, placing a hand on his chest, and Ferguson pushed him back. Ming shoved de Groat and swung Ferguson by his jacket as an argument ensued, both said in court, and then did not back away from the group. It was at that point that Ferguson hit him, he said. Surveillance footage reviewed in court shows that Ming fell to the ground and then immediately got up, while Ferguson backed away and did not continue a fight. Moments later police officers arrived on the scene and tased Ferguson before handcuffing him, while they left Ming alone.
In his closing argument, Peacock described Ferguson’s action toward Ming as reasonable, saying repeatedly that he did what anyone in his situation would have done. He said Ming hovering inches from Ferguson’s friend “was enough to constitute a threat” whether he touched her or not, and that Ferguson responded reasonably by verbally confronting Ming and responding in kind when Ming shoved him.
Christian rebutted the defense’s narrative by arguing Ferguson escalated the use of force more than was justified. She said the conflict between Ming and Ferguson had ended by the time Ferguson ran toward him and punched him. Miller judged the prosecution did not provide sufficient evidence to prove Ferguson’s actions were unjustified.
Ferguson is now cleared of all charges related to the April 6 incident. Rose de Groat continues to face felony charges in Tompkins County Court. In a hearing on Monday, her attorney rejected a plea agreement offered by the district attorney, so the case is slated to go to a jury trial beginning Nov. 4.