NORFOLK, Va. (WAVY) — A 28-year-old man is facing eight years and six months in prison after he pleaded guilty to committing a hate crime, brandishing a rifle and shooting into a vehicle last year.
On the evening of Sept. 3 2023, Daniel Joseph Ferguson Jr. roamed the Alden Heights neighborhood carrying a fully-loaded AR-style rifle.
Court records show that Ferguson began rummaging through a vehicle that was parked in a neighbor’s driveway off Boxwood Circle. The neighbor went outside to confront Ferguson but backed away when Ferguson aimed his rifle at them.
A short time later, Ferguson, who is white, trespassed into a Brazilian family’s backyard while they were holding an evening bible study class. With his rifle pointed in their direction Ferguson said, “Get off my land” and threatened to kill them. The family scrambled to hide from Ferguson as he went around to the front of the home and tapped on the windows with his rifle before leaving.
Not long after, a driver noticed Ferguson standing several feet away from a stop sign. As the vehicle drove off, Ferguson fired one round through its rear window. The bullet missed the driver and lodged in the passenger door, but the driver was injured by shattered glass.
The driver and several other neighbors called 911, and Ferguson was ultimately taken into custody by Norfolk Police.
As he was being transported to the Norfolk City Jail, patrol car video captured Ferguson using racial epithets in reference to minority groups as well as Ferguson asking the officers to let him go so he can hunt and kill those minority groups.
Ferguson was granted a secured bond in Norfolk General District Court, despite Commonwealth’s objection. However the Commonwealth was able to secure an emergency substantial risk order that temporarily barred Ferguson from possessing any firearm.
In another bond appeal hearing, the Commonwealth successfully argued for Ferguson’s bond to be revoked and his emergency substantial risk order be extended.
On Aug. 7, Ferguson pleaded guilty to two counts of misdemeanor brandishing, one count of misdemeanor hate crime assault, one count of felony attempted malicious wounding, and one count of felony shooting into an occupied vehicle. In exchange for Mr. Ferguson’s plea, the Commonwealth agreed to dismiss an additional firearm charge.
During sentencing, the Commonwealth argued for Ferguson serve a longer sentence based on his motive of hate and random acts of violence. A judge sentenced Ferguson to serve eight years and six months in prison. An additional five years was suspended on the conditions that Ferguson complete 10 years of uniform good behavior and probation.
“Neither racism, nor antisemitism, nor bias of any kind will get quarter from me in Norfolk,” said Commonwealth’s Attorney Ramin Fatehi. “Trying to shoot someone in and of itself is a serious felony deserving of a prison sentence. Daniel Ferguson shot at the victim for racial reasons and then said that he wanted to kill ‘Blacks and Jews.’ He poses a danger to our community significantly higher than the average shooter, and our recommendation and the judge’s sentence reflect that reality. I will continue to promote public safety by focusing our resources on serious cases like this one.”