Justice for Kent
Case Summary
This page summarizes a federal court order: Ferguson v. Short, No. 2:14-cv-04062-NKL (U.S. District Court, Western District of Missouri), decided August 14, 2015, by Judge Nanette K. Laughrey. Ryan Ferguson filed this civil suit against Columbia police officers after his conviction was vacated. The facts below are as that order describes them. Where the order notes that a fact is disputed, we say so. This summary is not a finding by us, and the order itself ruled only on a pretrial motion in the civil case.
The night of the killing
According to the order, Kent Heitholt was murdered in the Tribune parking lot on November 1, 2001 (p. 2). At about 2:26 a.m., Jerry Trump, manager of the Tribune's cleaning crew, called 911. He told the operator, "I saw two guys in the area." Asked whether they were white or black, he answered, "White. I'd say 19, 20." He said the woman with him had seen them "duck down behind the car," which he knew was Kent's, and that they "went up that alley way towards Fourth" (pp. 2-3).
Shawna Ornt, a member of the overnight maintenance staff, told police that Heitholt spoke with her briefly around 2:00 a.m. before leaving. At about 2:20 a.m. she walked into the parking lot, saw a white male duck behind the driver's side door of a car, and went back inside to tell Trump. When Trump called out, one of the two men said "somebody's hurt, man," and both walked briskly east through the alley. Ornt described one man as about six feet tall, 20 to 21, with short, spiky blonde hair and a light gray shirt, and the second as a white male, possibly with dark hair (pp. 4-5). Ornt helped prepare a composite sketch (p. 5).
The investigation
The order says the scene had a large amount of blood, a belt buckle apparently torn from Heitholt's belt near his head, and neck marks consistent with a ligature (p. 5). Police spoke with co-workers who had seen Heitholt that night, including sports writer Michael Boyd, who said he talked with Heitholt at his car and left the lot between about 2:15 and 2:20 a.m. (p. 6). Police could not locate the two men (p. 7). The state crime lab found no DNA profile other than Heitholt's in his fingernail scrapings, and blood on his clothing matched only him. Prints from unknown people were found inside the car, but all usable prints were on parts of the car "unassociated with the attack" (pp. 7-8). In February 2003, a detective re-interviewed Ornt for a revised composite (p. 8).
March 2004 and Erickson's statements
On March 10, 2004, a man told police he had heard, through another person who had heard it from Charles Erickson, that Erickson and Ryan Ferguson were responsible (p. 9). Ferguson disputes these witnesses' truthfulness and credibility (pp. 9-10). Police interviewed Erickson several times that day. The order says the reports have him describing a robbery after leaving the By George nightclub, a tire tool, and Ferguson strangling Heitholt. The order also notes that Erickson repeatedly said he was unsure or did not remember, and that the detective mentioned the belt when Erickson was unsure what was used (pp. 10-13). Ferguson does not dispute what the reports say, but he disputes the officers' credibility and argues Erickson's statements were speculative and contradicted the scene evidence (p. 13). Ferguson, interviewed the same day, "consistently denied any involvement" (pp. 13-14). He was indicted on April 30, 2004 (p. 14).
The order also describes interviews with Dallas Mallory, Meghan Arthur and jail inmate Richard Walker. All three later disputed or retracted parts of what police reports said they told officers (pp. 14-17, 19-22, 25). Two different versions of one police report on Mallory's interview exist, and Ferguson argues one was fabricated (p. 15).
Erickson's plea
In October 2004, Erickson gave a proffer statement. On November 4, 2004, he pleaded guilty to second-degree murder, first-degree robbery and armed criminal action under an agreement to testify at Ferguson's trial (pp. 17-19).
The trial
Ferguson's trial began on October 14, 2005. Erickson testified that he and Ferguson committed the murder and that he had slowly begun remembering after a newspaper story on the second anniversary (pp. 22-23). On October 21, 2005, the jury found Ferguson guilty of second-degree murder and first-degree robbery, with sentences of 30 and 10 years (p. 23).
Later proceedings
Ferguson sought habeas relief in 2011 and 2013. At a habeas hearing, Erickson said his trial testimony was a lie (pp. 23-24). On November 5, 2013, the Missouri Court of Appeals granted habeas relief on a Brady violation: the State withheld an interview with Barbara Trump, wife of Jerry Trump. The order notes that beyond this Brady violation the court "did not address the merits" of Ferguson's other claims (p. 24). In a 2015 deposition, Erickson said an earlier statement that he was the sole perpetrator was a lie "to help Ryan get out of prison" (p. 25).
What the 2015 order decided
This order ruled on the officers' motion for summary judgment in Ferguson's civil suit. It granted the motion on some claims and denied it on the rest, finding factual disputes that would have to go to trial (p. 1, Discussion). It did not decide who killed Kent Heitholt.