Long Island Rail Road Massacre
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The 1993 Long Island Rail Road shooting occurred on December 7, 1993, aboard a
Long Island Rail Road The Long Island Rail Road , often abbreviated as the LIRR, is a commuter rail system in the southeastern part of the U.S. state of New York, stretching from Manhattan to the eastern tip of Suffolk County on Long Island. With an average week ...
(LIRR) train in Garden City Park,
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. As the train arrived at
Merillon Avenue station Merillon Avenue () is a station on the Long Island Rail Road's Main Line (Port Jefferson Branch service). It is located at Nassau Boulevard and Merillon Avenue in Garden City Park, New York. The station is wheelchair accessible with two side ...
, passenger Colin Ferguson began firing at other passengers with a
semi-automatic pistol A semi-automatic pistol is a type of repeating single-chamber handgun ( pistol) that automatically cycles its action to insert the subsequent cartridge into the chamber (self-loading), but requires manual actuation of the trigger to actu ...
. Six of the victims were killed and nineteen others were wounded before Ferguson was tackled and held down by other passengers on the train. Ferguson's trial was noted for a number of unusual developments, including his dismissing his defense counsel, insisting on representing himself and questioning his victims on the stand. He was convicted in February 1995 on six counts of murder and nineteen counts of
attempted murder Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven y ...
. He is currently incarcerated at
Great Meadow Correctional Facility Great Meadow Correctional Facility is a maximum security prison in New York State in the United States. The prison is in Comstock, a hamlet right outside of Fort Ann, in Washington County, New York. As of September 3, 2008 it was home to 1,663 i ...
, with an earliest possible release date of August 6, 2309.


Shooting

On December 7, 1993, Colin Ferguson purchased a ticket for the 5:33 p.m. eastbound train at the Flatbush Avenue station in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, which stopped at the
Jamaica station Jamaica station is a major train station of the Long Island Rail Road located in Jamaica, Queens, New York City. With weekday ridership exceeding 200,000 passengers, it is the largest transit hub on Long Island, the fourth-busiest rail station ...
in
Queens Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long ...
. He boarded the third car of the eastbound
Long Island Rail Road The Long Island Rail Road , often abbreviated as the LIRR, is a commuter rail system in the southeastern part of the U.S. state of New York, stretching from Manhattan to the eastern tip of Suffolk County on Long Island. With an average week ...
(LIRR) commuter train from
Penn Station Pennsylvania Station is a name applied by the Pennsylvania Railroad to several of its grand passenger terminals. Pennsylvania Station or Penn Station may also refer to Current train stations * Baltimore Penn Station * Pennsylvania Station (Cinc ...
to Hicksville, along with more than eighty other passengers. He sat on the southwestern end of the car, carrying a Ruger P89
semi-automatic pistol A semi-automatic pistol is a type of repeating single-chamber handgun ( pistol) that automatically cycles its action to insert the subsequent cartridge into the chamber (self-loading), but requires manual actuation of the trigger to actu ...
and a canvas bag filled with 160 rounds of ammunition. As the train approached the
Merillon Avenue station Merillon Avenue () is a station on the Long Island Rail Road's Main Line (Port Jefferson Branch service). It is located at Nassau Boulevard and Merillon Avenue in Garden City Park, New York. The station is wheelchair accessible with two side ...
in Garden City Park,
Long Island Long Island is a densely populated island in the southeastern region of the U.S. state of New York, part of the New York metropolitan area. With over 8 million people, Long Island is the most populous island in the United States and the 18 ...
, Ferguson drew the gun, dropped several cartridges on the ground, stood up, and opened fire at random. During the next three minutes, he killed six people and injured another nineteen. Some passengers mistook the gunshots for caps or fireworks until a woman shouted, "He's got a gun! He's shooting people!" Ferguson walked east (forward) on the train, pulling the trigger steadily about every half second. Several passengers tried to hide beneath their seats, while others fled to the eastern end of the train and tried to enter the next car. Ferguson walked down the aisle of the train and shot people to his right and left as he passed each seat, briefly facing each victim before firing. An article in ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' called Ferguson's actions "as methodical as if he were taking tickets." Ferguson said, "I'm going to get you," over and over as he walked down the aisle. Other passengers farther away in the train did not realize that a shooting had occurred until after the train stopped, as a crowd of panicked passengers fled from the third car into neighboring cars. One man appeared annoyed by their unruliness and said, "Be calm," before they forced a train door open and fled into the station. Two people were injured in the stampede of passengers. The train's conductor was informed of the shooting, but he decided against opening the train doors right away because two of the cars were not yet at the platform. An announcement was made ordering conductors not to open the doors, but
engineer Engineers, as practitioners of engineering, are professionals who Invention, invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considerin ...
Thomas Silhan climbed out the window of his cab and opened each door from the outside so that panicked passengers could escape. Ferguson had emptied two 15-round magazines during the shooting. While he was reloading his third magazine, somebody yelled, "Grab him!" Passengers Michael O'Connor, Kevin Blum, and Mark McEntee tackled him and pinned him to one of the train's seats. Several other passengers ran forward to grab his arms and legs and helped to pin him across a three-seat row with his head towards the window and legs towards the aisle. While he was pinned, Ferguson said, "Oh God, what did I do? What did I do? I deserve whatever I get." He also repeatedly pleaded with those holding him: "Don't shoot me. I'm sorry, I'm sorry." Five to six people continued to hold him pinned for some time while they awaited relief. Ferguson was held down for several minutes; Andrew Roderick, an off-duty LIRR police officer who was picking up his wife from the train, then boarded the train and handcuffed him.


Investigation

Police detectives later said it appeared Ferguson had been planning the shooting for more than a week. LIRR police chief Joseph Flynn said, "This was the work of a deranged, maniacal person who for a variety of reasons decided to explode." None of Ferguson's victims were black, although it was unclear whether any other black passengers were aboard the train. Ferguson showed no emotion as he sat in the back of a police car, which some passengers said was as shocking and disturbing as the violence of the shooting itself. Upon seeing Ferguson, one of the victims became hysterical and shouted, "How can he be sitting there so calm after everything he did?" Police found pieces of notebook paper in Ferguson's pockets with scribbled notes with the heading "reasons for this". One of the notes referred to "racism by Caucasians and
Uncle Tom Uncle Tom is the title character of Harriet Beecher Stowe's 1852 novel, '' Uncle Tom's Cabin''. The character was seen by many readers as a ground-breaking humanistic portrayal of a slave, one who uses nonresistance and gives his life to prot ...
Negroes". They included a reference to "the false allegations against me by the filthy Caucasian racist female on the #1 line", a reference to his February 1992 arrest. Ferguson's notes expressed anger towards the New York State Workers' Compensation Board,
Asians Asian people (or Asians, sometimes referred to as Asiatic people)United States National Library of Medicine. Medical Subject Headings. 2004. November 17, 200Nlm.nih.gov: ''Asian Continental Ancestry Group'' is also used for categorical purpos ...
,
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Mario Cuomo Mario Matthew Cuomo (, ; June 15, 1932 – January 1, 2015) was an American lawyer and politician who served as the 52nd governor of New York for three terms, from 1983 to 1994. A member of the Democratic Party, Cuomo previously served as ...
, and "so-called civil right leaders such as the Rev. Herbert Daughtry, C. Vernon Mason, and Calvin Butts." They also included the names and telephone numbers of the Lt. Governor, the Attorney General, and the Manhattan law firm that Ferguson had previously threatened, whom he referred to as "those corrupt 'black' attorneys who not only refuse to help me but tried to steal my car". The notes indicated Ferguson planned to wait to start the killings until he was beyond the
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
limit out of respect for outgoing
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David Dinkins David Norman Dinkins (July 10, 1927 – November 23, 2020) was an American politician, lawyer, and author who served as the 106th mayor of New York City from 1990 to 1993. He was the first African American to hold the office. Before enteri ...
and Police Commissioner Raymond W. Kelly. Ferguson showed no remorse during hours of questioning from the Nassau County District Attorney's Office. Officials there said, "He was lucid and clear and aware of what was going on." Ferguson was arraigned on December 8, 1993. He never spoke during the arraignment and did not enter a plea. He was ordered held without
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
. As Ferguson was escorted from the courthouse, a reporter asked him if he hated whites, to which Ferguson replied, "It's a lie".


Perpetrator

Colin Ferguson was born in Kingston,
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispa ...
, on January 14, 1958 to Von Herman and May Ferguson. Von Herman was a wealthy pharmacist and the managing director of the large pharmaceutical company Hercules Agencies, and was described by ''Time'' magazine as "one of the most prominent businessmen in Jamaica". Ferguson attended the
Calabar High School Calabar High School is an All-boys school, all-male secondary school in Kingston, Jamaica, Kingston, Jamaica. It was established by the Jamaica Baptist Union in 1912 for the children of Baptist ministers. It was named after the Kalabari Kingdom ...
in Red Hills Road, Kingston, from 1969 to 1974, where the principal described him as a "well-rounded student" who played
cricket Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by st ...
and soccer. He graduated in the top third of his class. Von Herman was killed in a car crash in 1978 when Ferguson was aged 20, and his funeral was attended by government and military luminaries. Ferguson's mother died from
cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
soon afterwards, and the deaths destroyed the family's fortunes. Family friends said that this deeply disturbed Ferguson. He moved to the United States in 1982 on a visitor's visa. His friends speculated that he had trouble dealing with
racism Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagoni ...
in the U.S. and that he felt frustrated because he couldn't find work outside of menial jobs. Ferguson married Audrey Warren on May 13, 1986, a native of
Southampton County Southampton County is a county located on the southern border of the Commonwealth of Virginia. North Carolina is to the south. As of the 2020 census, the population was 17,996. Its county seat is Courtland. History In the early 17th centu ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, which qualified him for permanent U.S. residence. The couple moved to a house on Long Island where they often fought, sometimes to the point that police intervention was required. On May 18, 1988, she obtained an uncontested divorce from Ferguson, claiming that the marriage ended because they had "differing social views". Acquaintances said that she left Ferguson because he was "too aggressive or antagonistic" for her, and that the divorce was a "crushing blow" to Ferguson. Ferguson got a job doing clerical work for the Ademco Security Group in
Syosset, New York Syosset (also known as Little East Woods or Locust Grove) is a hamlet and census-designated place in the Town of Oyster Bay, in Nassau County, on the North Shore of Long Island, in New York, United States. The population was 19,259 at the 2020 ...
. He slipped and fell on August 18, 1989, while standing on a stool to reach invoices from a filing cabinet, injuring his head, neck, and back, and the injury led to his termination. Ferguson filed a complaint with the state
workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
agency, which reviewed the matter over the next several years. He enrolled at
Nassau Community College Nassau Community College (NCC) is a public community college in Uniondale, New York, using the Garden City, New York ZIP Code. It was founded in 1959 and is part of the State University of New York. History Nassau Community College was crea ...
in East Garden City, where he made the dean's list three times. Also that year, he was forced to leave a class after a disciplinary hearing board found that he had acted overly aggressively towards the teacher. In late 1990, Ferguson transferred to
Adelphi University Adelphi University is a private university in Garden City, New York. Adelphi also has centers in Manhattan, Hudson Valley, and Suffolk County. There is also a virtual, online campus for remote students. It is the oldest institution of higher edu ...
in Garden City, where he majored in business administration. He spoke out against coexistence with whites, routinely made calls for retributive revolution, and regularly accused others around him of racism. On one occasion, he complained that a white woman in the library shouted racial epithets at him after he asked her about a class assignment, but an investigation concluded that the incident never occurred. Later, he attended a symposium by a faculty member discussing her experiences in South Africa under
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
. Ferguson interrupted the professor by shouting, "We should be talking about the revolution in South Africa and how to get rid of the white people" and, "Kill everybody white!" Students and teachers tried to quiet him, but he started threatening them, repeatedly saying, "The black revolution will get you." He was suspended from the school in June 1991 as a result of the threats. Although he was free to reapply after the suspension, he chose not to. In 1991, Ferguson rented a room in Flatbush,
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
. He was unemployed and lived around many other
West Indian A West Indian is a native or inhabitant of the West Indies (the Antilles and the Lucayan Archipelago). For more than 100 years the words ''West Indian'' specifically described natives of the West Indies, but by 1661 Europeans had begun to use it ...
immigrants. Neighbors said that he dressed very neatly but kept to himself and rarely smiled or spoke to anybody, except occasionally to say hello. "He had
delusions of grandeur Grandiose delusions (GD), also known as delusions of grandeur or expansive delusions, are a subtype of delusion that occur in patients with a wide range of psychiatric diseases, including two-thirds of patients in manic state of bipolar disorde ...
," his landlord Patrick Denis recounted. "He felt like, 'I'm such a great person. There must be only one thing holding me back. It must be white people.'" In 1992, Ferguson's ex-wife filed a complaint with police alleging that he pried open the trunk of her car. Prior to the shooting, she had not seen him since the divorce. In February 1992, Ferguson was arrested and charged with harassing a woman on a subway. The woman tried to sit in a vacant seat alongside Ferguson and asked him to move over, prompting him to scream at her and press his leg and elbow against her until police officers pinned him to the ground. Ferguson tried to escape the police and shouted, "Brothers, come help me!" He sent letters to the
New York City Police Commissioner The New York City Police Commissioner is the head of the New York City Police Department and presiding member of the Board of Commissioners. The commissioner is appointed by and serves at the pleasure of the mayor. The commissioner is respons ...
and other officials complaining about his arrest, describing it as "viscous and racist," and claiming that he was brutalized by the officers who arrested him. The
New York City Transit Authority The New York City Transit Authority (also known as NYCTA, the TA, or simply Transit, and branded as MTA New York City Transit) is a New York state public-benefit corporations, public-benefit corporation in the U.S. state of New York (state), New ...
investigated and dismissed the claims. In September 1992, Ferguson was awarded $26,250 for his workers' compensation claim against Ademco Security Group. In April 1993, he insisted that he was still in pain and demanded that the case be reopened so that he could get more money for medical treatment. In the following weeks, Ferguson visited a
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
law firm for a consultation, and attorney Lauren Abramson said that she immediately felt uncomfortable and threatened by him. She asked a law clerk to sit in on the meeting because she did not want to be alone with Ferguson, which she had never done before. Ferguson was neatly dressed during the consultation, but he acted strangely and identified himself by a false name before providing his real name. Months later, he made threatening calls to members of the firm, claiming that they were discriminating against him. In one of the calls, he made reference to a massacre which occurred in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
. The calls prompted the lawyers to start locking their inner office doors out of fear. Ferguson tried to have his workers' compensation claim reopened by the New York State Workers' Compensation Board, which reexamined the case due to his persistence, but it was ultimately rejected. The board placed him on a list of potentially dangerous people whom security guards were to watch for. In April 1993, Ferguson moved to California in search of new career opportunities. He unsuccessfully applied for several jobs, including at a car wash where the manager laughed at him. Ferguson purchased a Ruger P89 9×19mm pistol at a Turner's Outdoorsman in
Long Beach Long Beach is a city in Los Angeles County, California. It is the 42nd-most populous city in the United States, with a population of 466,742 as of 2020. A charter city, Long Beach is the seventh-most populous city in California. Incorporat ...
for $400 after waiting the fifteen-day period required under California's gun laws. He presented himself as a California resident by providing a driver's license that he received two months earlier, which had an address of the Long Beach motel where he stayed. He had been robbed by two men, so he started carrying the gun with him in a paper bag. Ferguson moved back to New York in May 1993 because, as he told a friend, he did not like competing with immigrants and
Hispanic The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad. The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties forme ...
s for jobs. His Flatbush landlord said that he appeared even more unstable upon his return, speaking in the
third person Third person, or third-person, may refer to: * Third person (grammar), a point of view (in English, ''he'', ''she'', ''it'', and ''they'') ** Illeism, the act of referring to oneself in the third person * Third-person narrative, a perspective in p ...
about "some apocryphal-type doom scenario" which included black people rising up and striking down "their pompous rulers and oppressors." Ferguson started taking five showers a day and could be heard by neighbors repeatedly chanting at night "all the black people killing all the white people." His landlord became increasingly concerned about Ferguson's obsession with racism and apparent growing mental instability, and asked him to move out by the end of the month.


Litigation


Pre-trial


Early court appearances

Anthony J. Falanga was appointed Ferguson's attorney on December 11, 1993. Falanga called for his client to receive a psychiatric evaluation. Under New York state law, an insanity defense would require Ferguson's lawyers to prove he suffers from a mental disease or defect and, as a result, could not tell whether his actions were right or wrong. At the time, lawyers and mental health experts said such a defense would be difficult because Ferguson appeared to have carefully planned the attacks, and because he said, "oh God, what did I do" after he was stopped. However, media outlets and legal experts at the time speculated a defense could argue Ferguson suffered from
paranoia Paranoia is an instinct or thought process that is believed to be heavily influenced by anxiety or fear, often to the point of delusion and irrationality. Paranoid thinking typically includes persecutory beliefs, or beliefs of conspiracy co ...
, particularly based on Ferguson's history of irrational racism allegations and claims that whites were discriminating against him. Ferguson was placed on suicide watch in the Nassau County Jail. On December 18, 1993 Ferguson asked a judge to let him replace Falanga with Colin A. Moore, a Brooklyn-based attorney with a reputation for pursuing allegations of racism in the criminal-justice system. Moore offered to represent Ferguson pro bono. Before a ruling was even made on the request, Moore held a press conference announcing he would seek a change of venue to Brooklyn, claiming it was impossible for Ferguson to receive a fair trial in a Nassau court due to a "severe underrepresentation of African-Americans on the Nassau County jury panel." Later, Moore withdrew his offer to represent Ferguson, citing conflicts he did not explain. Ferguson told a judge he questioned Falanga's integrity, disagreed with his handling of the case and had no intention of cooperating with him. Dr. Allen Reichman, a psychiatrist who interviewed Ferguson, indicated in his report that Ferguson may have been feigning mental illness when he spoke of conspiracies against him. Reichman said Ferguson's assertions were "vague and somewhat evasive," in contrast to the normally detailed and highly focused nature of systematized paranoid delusional thinking. On January 5, 1994, a report by a court-appointed psychologist and psychiatrist concluded Ferguson was suffering from
paranoid personality disorder Paranoid personality disorder (PPD) is a mental illness characterized by paranoid delusions, and a pervasive, long-standing suspiciousness and generalized mistrust of others. People with this personality disorder may be hypersensitive, easily i ...
but was competent to stand trial.


Indictment

On January 19, 1994, after three days of evidence presentation, a grand jury handed up a 93-count
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...
against Ferguson, which carried the possibility of up to 175 years in prison. Nassau County District Attorney Denis Dillon said of the sentence maximum; "it's not quite infinity, but it will do." Dillon also announced he would not agree to any plea bargain in the case. The indictment included two counts of murder for each slain victim, both for intentional murder and for depraved indifference to human life. It also included 19 counts of attempted murder, 34 counts of assault, criminal possession of a weapon, intent to use the weapon, violation of civil rights of each of the 25 victims and "intent to harass, annoy, threaten and alarm" the victims "because of their race, color or national origin." On March 1, 1994,
William Kunstler William Moses Kunstler (July 7, 1919 – September 4, 1995) was an American lawyer and civil rights activist, known for defending the Chicago Seven. Kunstler was an active member of the National Lawyers Guild, a board member of the American Civil ...
and
Ron Kuby Ronald L. Kuby (born July 31, 1956) is an American criminal defense and civil rights lawyer, radio talk show host and television commentator. He has also hosted radio programs on WABC Radio in New York and Air America radio. Kuby currently ...
, law partners known for representing unpopular clients, announced they had accepted a request by Ferguson to handle his case. Kunstler, who said he would not collect a fee for the defense, said Ferguson had been made out to be a "pariah" by the media and public. In April 1994, District Attorney Dillon sought a
gag order A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may ...
for all lawyers involved in the case, arguing Kunstler and Kuby had made statements to the media that might be inadmissible during the trial and could influence potential jurors. Kunstler and Kuby argued they would have no problem finding 12 unbiased jurors and claimed Ferguson had already been publicly attacked in the press by government and police officials. Nassau County Judge Donald E. Belfi rejected the
gag order A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may ...
on April 23, claiming the impact of inflammatory statements already made by lawyers, politicians and police would fade in the months before the trial began. However, Belfi warned attorneys from both sides to follow a State Court professional disciplinary rule which already limited their comments to news organizations.


Prison attacks

Shortly after his incarceration began, Ferguson complained about his treatment, claiming correction officers attacked him with milk crates and a fire extinguisher, while depriving him of necessities like soap and antiperspirant spray. Ferguson said: "Of course, there is no sympathy for me in the institution. When I suffered and screamed I was told that it was a good sign by the prison guards because they were hoping for my swift departure from life." Later, Ron Kuby argued Ferguson had been a frequent target of harassment at the Nassau County jail, and requested that the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
intervene to ensure Ferguson's safety. On March 23, 1994, while returning to his cell from the medical unit, Ferguson was attacked in jail by a group of inmates. Ferguson suffered a broken nose and a swollen left eye. Prison officials had been notified by Kuby that an assault was imminent, and were in the process of following up on the warning when Ferguson was attacked. Kuby, who said he had been warned of the attack by another inmate, stated "the word was out. Everyone in the institution knew he was going to be set up." Kuby called the attack racially motivated, and later alleged some jail officials and guards had advance knowledge of the impending assault. Five inmates were charged with second-degree assault for their connection in the attack. In November 1994, Ferguson's lawyers claimed prison guards taunted him with claims that
the election ''The Election'' () is a political drama series produced by Hong Kong Television Network (HKTV). With a budget of HK$15 million, filming started in July 2014 and wrapped up on 28 October 2014. Popularly voted to be the inaugural drama of ...
of Governor
George Pataki George Elmer Pataki (; born June 24, 1945) is an American lawyer and politician who served as the 53rd governor of New York from 1995 to 2006. An attorney by profession, Pataki was elected mayor of his hometown of Peekskill, New York, and went on ...
, a death penalty supporter, meant Ferguson would be executed if found guilty. Ferguson's lawyers claimed prison guards showed him the headlines of newspaper stories about Pataki and claimed Ferguson was "headed for electrocution sometime soon." Ferguson was deeply troubled by the claims, despite assurances from his attorneys that the death penalty could only be imposed in crimes committed after a capital punishment bill became law. Ferguson was not reassured until after a judge told him the same thing, at the request of Kunstler.


"Black rage" defense

Kunstler and Kuby proposed an innovative defense: Ferguson had been driven to temporary insanity by a psychiatric condition they termed "black rage." Kunstler and Kuby argued Ferguson had been driven insane by racial prejudice and could not be held criminally liable for his actions, even though he had committed the killings. The attorneys compared it to the utilization of the battered woman defense,
posttraumatic stress disorder Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats ...
, and the child abuse syndrome in other cases to negate
criminal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agenci ...
. Kuby said the notes carried by Ferguson on the day of his arrest demonstrated that Ferguson was motivated by rage during the shootings. Donald E. Belfi, the Nassau County Judge assigned to the Ferguson case, criticized Kunstler for speaking to the media about the proposed defense before it had been examined by a mental health professional. Belfi said "Mr. Kunstler may have many talents, but until he receives his medical degree with a specialty in psychiatry, these types of conclusions should best be left for medical experts and the triers of the facts." Black rage was first proposed by psychologists William Henry Grier and Price Cobbs in their 1968 book, '' Black Rage'' (). Grier and Cobbs argue that black people living in a racist, white supremacist society are psychologically damaged by the effects of racist oppression. They argue that this damage causes black people to act abnormally in certain situations. Ferguson started to claim he was not involved in the Long Island Rail Road shootings at all, and repeatedly refused to meet with a psychiatrist chosen by Kunstler and Kuby. Ferguson told the attorneys he was receiving messages straight from God, and spoke of conspiracies to destroy him by those opposed to God. On August 12, 1994, Kunstler and Kuby asked Judge Belfi to reconsider Ferguson's competence to stand trial, claiming he was growing more delusional, paranoid and obsessive by the day, and that he was too mentally unbalanced for them to mount any kind of defense. George Peck, the prosecutor in Ferguson's trial, insisted Ferguson's apparent lack of cooperation with his lawyers was a defense tactic to avoid a trial. On August 20, 1994, Ferguson appeared before Belfi and rejected his lawyer's efforts to have him declared mentally unfit to stand trial. Ferguson spoke in a long and rambling manner, occasionally ignoring Belfi when the judge tried to interrupt him. Ferguson claimed a police officer who escorted him from the Nassau County Jail said to him, "You realize someone else, in fact, was actually responsible for the shooting." When asked if Ferguson understood the role of the prosecuting attorney, Ferguson replied; "to perpetrate injustices against me." Kunstler and Kuby argued Ferguson's behavior was indicative of his mental imbalance, but Belfi refused the lawyers' request to reconsider his competence, citing the original psychiatric report that concluded Ferguson was able to understand the charges against him and was "
malingering Malingering is the fabrication, feigning, or exaggeration of physical or psychological symptoms designed to achieve a desired outcome, such as relief from duty or work. Malingering is not a medical diagnosis, but may be recorded as a "focus of c ...
in an attempt to create an impression" that he was mentally imbalanced and unable to cooperate with his attorney. When Belfi ended the proceeding, Ferguson tried to continue talking. After he was placed into handcuffs by guards, Ferguson shouted "they have made it too tight," collapsed to the floor, and had to be dragged from the courtroom. Denis Dillon suggested Kunstler was trying to create "such a bizarre situation" that the court would reverse its earlier ruling regarding Ferguson's competence.


Removal of Kunstler and Kuby

On September 20, 1994, Kunstler and Kuby filed notice that they would pursue an insanity defense despite the objections of their client. Ferguson continued to claim he was not involved in the shootings and proposed defending himself during the trial. In the following months, Ferguson sent Judge Belfi several letters regarding disputes between Ferguson, Kunstler and Kuby. Ferguson claimed in the letters that he was not insane, and rejected Kunstler's and Kuby's "black rage" defense. Although George Peck argued the letters proved Ferguson was able to understand the charges against him and was actively participating in his defense, Kuby argued the letters only further demonstrated Ferguson's confused state of mind. On November 11, Ferguson agreed he would stop resisting efforts to meet with a court-appointed psychiatrist. As a result, Judge Belfi agreed to hold a third hearing as to whether Ferguson was mentally competent to stand trial. On December 10, 1994, Judge Belfi ruled Ferguson was competent to stand trial. Belfi said he based his decision in part on his conversations with Ferguson in the courtroom, including Ferguson's concern over Governor Pataki's promise to sign a death-penalty bill. Belfi strongly advised Ferguson against defending himself, but Ferguson said he intended to do so anyway. Kuby said of the decision, "What we will have now is a complete circus. A crazy man cannot defend himself. Mr. Ferguson, evidence to the contrary, believes he is not guilty and that someone else killed all those people aboard the train." Kuby continued, "Without a psychiatric defense, Ferguson has no defense. There was no doubt that he was there, that he fired the weapon, that he would have fired it more had he not been wrestled to the ground. There is no doubt that Colin Ferguson, if sane, was guilty."


Trial

Ferguson's trial proved to be bizarre, as he cross-examined the police officers that arrested him and victims he shot. It was broadcast live by local media and Court TV, but was overshadowed by the
O. J. Simpson murder case ''The People of the State of California v. Orenthal James Simpson'' was a criminal trial in Los Angeles County Superior Court starting in 1994, in which O. J. Simpson, a former National Football League (NFL) player, broadcaster and actor, was ...
, going on simultaneously on the West Coast. Ferguson argued that the 93 counts he was charged with were related to the year 1993, and had it been 1925 he would have been charged with only 25 counts. He admitted bringing the gun onto the train, but claimed he fell asleep and another man grabbed his gun and began firing. He also argued of a mysterious man named Mr. Su, who had information concerning a conspiracy against him. He found another man who was willing to testify that the government had implanted a
computer chip An integrated circuit or monolithic integrated circuit (also referred to as an IC, a chip, or a microchip) is a set of electronic circuits on one small flat piece (or "chip") of semiconductor material, usually silicon. Large numbers of tiny ...
in Ferguson's brain, but at the last minute decided not to call him to the stand. This individual, Raul Diaz, was a parapsychologist from Manhattan who claimed during a press conference on the courthouse steps to have witnessed an Asian man press a chip into Ferguson's head prior to the attack. According to Diaz, the Asian man told him to behold what he was about to do prior to pushing the button. "He was lasered out by a remote-control device," Diaz told reporters outside the courtroom. "He was zapped, just like that, right out of
the twilight zone ''The Twilight Zone'' is an American media franchise based on the anthology television series created by Rod Serling. The episodes are in various genres, including fantasy, science fiction, absurdism, dystopian fiction, suspense, horror, sup ...
" and was "commanded to go up and down the aisle shooting people." His cross-examination questions mostly started with "is it your testimony..." and would simply force the witness to repeat testimony already given. When a witness refused to answer the question to his satisfaction, he would often ask the judge to "admonish the witness to answer the question." During the course of his cross-examinations, Ferguson would refer to himself in the
third person Third person, or third-person, may refer to: * Third person (grammar), a point of view (in English, ''he'', ''she'', ''it'', and ''they'') ** Illeism, the act of referring to oneself in the third person * Third-person narrative, a perspective in p ...
, particularly asking the victims of the shooting, "did you see Colin Ferguson..." to which the witness would reply, "I saw ''you'' shoot me." Legal experts pointed out that Ferguson's questions were pointless and were not geared towards rebutting testimony. By not recognizing when to object to testimony and closing arguments, he lost his right to appeal on those grounds. Among the defense witnesses Ferguson requested was President Bill Clinton. Ferguson originally sought to question himself on the witness stand, but ultimately did not do so. He told the judge and media that he intended to call a number of witnesses who would prove his innocence, including a ballistic expert, a handwriting expert and two regular eyewitnesses, but they were afraid to come forward and take the stand. Ultimately, he did not call any of the witnesses. He also told Judge Belfi of an alleged conspiracy by the
Jewish Defense League The Jewish Defense League (JDL) is a Jewish far-right religious-political organization in the United States and Canada, whose stated goal is to "protect Jews from antisemitism by whatever means necessary". It has been classified as "a right wi ...
to kill him in prison if he was convicted. He said the prison slaying of serial killer
Jeffrey Dahmer Jeffrey Lionel Dahmer (; May 21, 1960 – November 28, 1994), also known as the Milwaukee Cannibal or the Milwaukee Monster, was an American serial killer and sex offender who killed and dismemberment, dismembered seventeen men and boys ...
was "set up as a prelude against me."


Conviction

Ferguson was convicted on February 17, 1995, of murder of the six passengers who died of their injuries. He was also convicted of attempted murder for wounding nineteen passengers. He received 315 years and eight months to life, meaning his current earliest possible parole date is August 6, 2309. The judge said, "Colin Ferguson will never return to society, and will spend the rest of his natural life in prison." At the sentencing, Judge Donald E. Belfi called Ferguson a "selfish, self-righteous coward." He also used the sentencing as an opportunity to criticize New York's controversial Sentencing Cap Law, which would have capped each of Ferguson's sentences at 50 years and required that they all be served concurrently had no one died in the massacre, since all of the felonies he committed on the train were part of one occurrence. After his conviction, Ferguson was put in the position to argue in appellate briefs that he had incompetent counsel (himself). After his sentencing, Ferguson was incarcerated for a time at the
Attica Correctional Facility Attica Correctional Facility is a maximum security campus New York State prison in the Town of Attica, New York, operated by the New York State Department of Corrections and Community Supervision. It was constructed in the 1930s in response ...
in upstate New York. In 1994, Ferguson was apparently involved in a fistfight with fellow inmate Joel Rifkin. The brawl began when Ferguson asked Rifkin to be quiet while Ferguson was using the telephone. The '' New York Daily News'' reported the fight escalated after Ferguson told Rifkin, "I wiped out six devils, and you only killed women," to which Rifkin responded, "Yeah, but I had more victims." Ferguson then punched Rifkin in the mouth.


Aftermath


Lawsuits

Carolyn McCarthy — whose husband Dennis McCarthy was killed by Ferguson, and whose son Kevin McCarthy was severely injured — was subsequently elected to the United States Congress on a platform of gun control. She was motivated to run for Congress after the representative in her district, Dan Frisa, voted against an assault weapons bill. Some of Ferguson's other victims and their family members have also become involved in gun control efforts. McCarthy also sued
Olin Corporation Olin Corporation is an American manufacturer of ammunition, chlorine, and sodium hydroxide. The company traces its roots to two companies, both founded in 1892: Franklin W. Olin's Equitable Powder Company and the Mathieson Alkali Works. Olin che ...
, the parent of Winchester Ammunition, under products liability and negligence theories for their manufacture of the
Black Talon Black Talon is a brand of hollow-point pistol and rifle ammunition introduced in 1991 by Winchester, primarily intended for law enforcement and personal defense use. Black Talon rounds were known for the unique construction of the bullet and it ...
bullets used by Ferguson. The cartridges carry hollow-tipped bullets that expand upon impact, increasing the severity of wounds. One month before the LIRR shooting, Winchester Ammunition announced they were voluntarily withdrawing the Black Talon cartridges from the market. McCarthy's suit failed, partly because New York State law placed no responsibility on manufacturers for the criminal misuse of their products. At least a half-dozen lawsuits related to the shootings were filed against the Long Island Rail Road and its parent company, the
Metropolitan Transportation Authority The Metropolitan Transportation Authority (MTA) is a public benefit corporation responsible for public transportation in the New York City metropolitan area of the U.S. state of New York. The MTA is the largest public transit authority in th ...
. Carolyn McCarthy filed a $36 million damage lawsuit against the two entities, claiming they failed to provide adequate protection for passengers and should have installed metal detectors and used undercover police officers. The suit sought $1 million for Dennis McCarthy's pain and suffering, $10 million for his death and for damages to survivors, and $25 million for injuries to Kevin McCarthy.


LIRR cars involved

The LIRR units in which the shootings happened, #9891 and #9892, a pair of standard M3 electric cars, were held out of service for potential use as evidence, then were renumbered to #9945 and #9946. Both units still see regular service with these new numbers. The units were expected to be retired sometime between 2016 and 2019 after the LIRR completed an order of brand-new M9 railcars to replace the remaining M3s.


Reaction

Many
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
s expressed concern that the LIRR shooting would lead to a backlash of violence and racial animosities against the black community. Civil rights activists
Al Sharpton Alfred Charles Sharpton Jr. (born October 3, 1954) is an American civil rights activist, Baptist minister, talk show host and politician. Sharpton is the founder of the National Action Network. In 2004, he was a candidate for the Democrati ...
and Herbert Daughtry urged that African-Americans in general not be blamed for the crime; Sharpton, in particular, criticized what he called attempts "to demonize black and Hispanic dissatisfaction" by linking those groups to the murders. Civil rights activist Jesse Jackson delivered a sermon at the Cathedral of the Incarnation in Garden City, during a service attended by the victims' grieving families. Audrey Warren released a statement shortly after the shootings expressing sorrow for the victims and their families. Jackson stressed the shootings were the result of one man and should not be seen as indicative of all African-Americans. The day after the shootings, Nassau
County Executive A county executive, county manager or county mayor is the head of the executive branch of government in a United States county. The executive may be an elected or an appointed position. When elected, the executive typically functions either as a ...
Thomas Gulotta called Ferguson "an animal." Jackson and other African-American leaders criticized the comment as racially charged, but Gulotta later said his statement had nothing to do with race. During a press conference in the days after the shooting, the Long Island Rail Road Police Benevolent Association called the trains "unsafe" and said the railroad needed to triple the size of its 216-person police force. LIRR officials responded by noting that the rate of crime against passengers had dropped over the past few years before the shooting. The Long Island Rail Road and
Metro-North Commuter Railroad Metro-North Railroad , trading as MTA Metro-North Railroad, is a suburban commuter rail service run by the Metropolitan Transportation Authority (MTA), a public authority_of_the__is_a_type_of_Nonprofit_organization">nonprofit_corporation_chart ...
placed more officers on trains and increased the visibility of police in response to the shootings. LIRR officials also made counselors available for passengers who wanted one, and sent senior railroad officials out to trains to answer riders' questions. A ''New York Times'' editorial called for stronger gun control laws in response to the murders, specifically citing the ease with which Ferguson obtained a handgun in California, which had one of the country's stricter gun laws. Several Adelphi University students expressed concern that Ferguson may have been taking the train to the school with plans of shooting people out of revenge for his past experiences there, although the train Ferguson took was not the closest one to Adelphi. Most of the regular commuters who used the 5:33 Hicksville local returned to the train the day after the shootings. In interviews with the media, a number of passengers cited the need to face their fears and the psychological trauma created by the incident, rather than avoid riding their regular train.


Politicians

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
took notice of the LIRR shooting, calling it a "terrible human tragedy". The day after the shooting, Clinton announced he had asked Attorney General
Janet Reno Janet Wood Reno (July 21, 1938 – November 7, 2016) was an American lawyer who served as the 78th United States attorney general. She held the position from 1993 to 2001, making her the second-longest serving attorney general, behind only Wi ...
to review a proposal by New York City Mayor-elect Rudy Giuliani that would set up a national uniform licensing system for gun buyers. Clinton cited the Ferguson murders as a factor in his support of the program, which would include background checks, tests and required renewals every two years. About one week after the shooting, Clinton visited with O'Connor, Blum and McEntee. During his first major speech since his election as mayor, Giuliani cited the Ferguson murders while he repeated his previous calls for the death penalty and a uniform gun licensing law. During his monthly radio call-in show, Governor Mario Cuomo called the Ferguson shootings "a dramatic, spectacular slaughter", and called for stronger gun control measures. U.S. Senator
Al D'Amato Alfonse Marcello D'Amato (born August 1, 1937) is an American politician born in Brooklyn, Kings County, New York. He served as United States Senator for New York between 1981 and 1999. He subsequently founded a lobbying firm, Park Strategies. ...
said the Ferguson case demonstrated the need for capital punishment in New York State because "that is the only fitting punishment for this cold-blooded killer".


Depiction in media

Ferguson was the subject of a ''
Saturday Night Live ''Saturday Night Live'' (often abbreviated to ''SNL'') is an American late-night live television sketch comedy and variety show created by Lorne Michaels and developed by Dick Ebersol that airs on NBC and Peacock (streaming service), Peacock. ...
'' comedy sketch in which he, portrayed by
Tim Meadows Timothy Meadows (born February 5, 1961) is an American actor and comedian. He was one of the longest-running cast members on ''Saturday Night Live'', where he appeared for ten seasons and for which he received a nomination for the Primetime Emm ...
, declared "I did not shoot them, they shot me" and asked witnesses questions about shooting him while they were on the stand, then ducking when they pointed to him as the killer. During the 1993 summer excursion season, the LIRR presented a
dinner theater Dinner theater (sometimes called dinner and a show) is a form of entertainment that combines a restaurant meal with a staged play or musical. "Dinner and a show" can also refer to a restaurant meal in combination with live concert music, where pat ...
mystery Mystery, The Mystery, Mysteries or The Mysteries may refer to: Arts, entertainment, and media Fictional characters *Mystery, a cat character in ''Emily the Strange'' Films * ''Mystery'' (2012 film), a 2012 Chinese drama film * ''Mystery'' ( ...
, ''Murder on the Montauk Express'', on its premier Friday evening train to the resorts of
the Hamptons The Hamptons, part of the East End of Long Island, consist of the towns of Southampton and East Hampton, which together comprise the South Fork of Long Island, in Suffolk County, New York. The Hamptons are a popular seaside resort and one o ...
and Montauk. The play was not renewed after the Ferguson murders. A 2002 book by trial consultant Mark C. Bardwell and criminal justice professor Bruce A. Arrigo examined the competency issues in the Ferguson case.


See also

* List of rampage killers (religious, political, or ethnic crimes) * ''
The Long Island Incident ''The Long Island Incident'' is a 1998 American made-for-television drama film produced by Barbra Streisand's Barwood Films. The teleplay by Maria Nation is based on the 1993 Long Island Rail Road shooting. Plot On December 7, 1993, Jamaican é ...
''


References

{{DEFAULTSORT:Long Island Rail Road shooting 1993 in New York (state) Crimes on Long Island, New York 1993 mass shootings in the United States 1993 murders in the United States Accidents and incidents involving Long Island Rail Road Deaths by firearm in New York (state) December 1993 crimes December 1993 events in the United States Mass shootings in New York (state) Mass murder in 1993 Mass murder in New York (state) Racially motivated violence against European Americans