'Brickyard sniper' may get shortened sentence

A man police have dubbed "the Brickyard sniper" may get a shortened sentence if he can prove his constitutional right to an attorney was violated.

In a decision released Wednesday, the Utah Supreme Court ruled that the prosecution's use of a prior protective order violation to seek a sentencing enhancement against Michael Von Ferguson for attempted murder and a felony protective order violation may not be valid if Ferguson can prove he did not waive his right to an attorney during a previous sentencing in justice court.

Ferguson, 49, was arrested on March 26, 2003, when witnesses saw him climbing the roof of Media Play, 1198 E. 3200 South, with a rifle. Prosecutors say Ferguson was obsessed with his common-law wife, who reported that during her 20-year relationship with Ferguson she was subjected to mental, physical and verbal abuse.

Police reported Ferguson was setting up a sniper point overlooking the victim's workplace. They also found a rifle on the roof that was ready to fire and loaded with five rounds.

Ferguson was charged with attempted murder, a second-degree felony. Because he had previously been convicted of a class A misdemeanor count of violating a protective order, prosecutors sought an enhancement, bumping a second protective order violation charge from a misdemeanor to a third-degree felony. This resulted in possibly five more years prison time for Ferguson.

Ferguson argues he was not represented by an attorney during the first protective order violation case. The district court and the Utah Court of Appeals have both ruled that if Ferguson did not waive his right to an attorney, the conviction cannot be used for an enhancement.

In Wednesday's ruling, the Utah Supreme Court also agreed, stating if Ferguson claims in court that he did not waive his right to an attorney the state will need to prove otherwise.

The case will be sent back to the district court for further hearings.

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E-mail: gfattah@desnews.com