Ferguson has three previous convictions, first in 1980 when he was convicted of forcible sexual abuse with a child, and the same conviction in 1983. In 1987, Ferguson was convicted of sexual abuse of a child and sent to prison. He was released in 2000 and off parole by 2002, according to the Utah Department of Corrections.
The possibility of life in prison is tragic, but the risk to the community is just too great to allow a three-time convicted felon to go back on the streets, a prosecutor said Thursday.
"There is just no getting around that this defendant represents a significant risk to the community, a risk to all children whenever he is released," prosecutor Donna Kelly said.
Robert Ferguson, 40, had nothing to say to 4th District Judge James Taylor Thursday before he was sentenced to 15 years to life for aggravated sexual abuse of a child, a first-degree felony.
Ferguson was arrested Feb. 25, 2008, in Alpine after a mother called police to say that her young daughter had allegedly been touched by a man the mother believed was Ferguson. The mother had been working at the Alpine Arts Center and was packing up the car to leave while two of her three young children played in the nearby room and hallway.
Ferguson, who was a janitor at the building, cornered the 5-year-old girl and stuck his hands down her pants, Kelly said.
When he left, the girl ran to her mom and told her about the touching and described a bigger man with glasses. The mother knew Ferguson worked in the building and told police. Kelly said Ferguson later confessed to police.
The girl, now 6, testified at a trial in January and was not negatively impacted by the experience, the prosecutor said.
"The little girl … is doing fairly well," she said. "She's in counseling. However, her mother is in agreement with the recommendation of AP&P and asks the court to follow that."
The recommendation is based on state statute, which mandates that this first-degree felony have a minimum mandatory sentence of 15 years to life in prison.
However, if Taylor believed there were mitigating factors, he could reduce the sentence to either six years or 10 years to life.
"This kind of sentence is always a sad thing to have to impose," Taylor said. "There's just not a basis to find any reason to (change) the sentence."
Ferguson was immediately sent to the Utah State Prison where he will begin his sentence.
Defense attorney Lisa Estrada said they will be appealing the case because of some concerns at trial.
Ferguson has three previous convictions, first in 1980 when he was convicted of forcible sexual abuse with a child, and the same conviction in 1983. In 1987, Ferguson was convicted of sexual abuse of a child and sent to prison. He was released in 2000 and off parole by 2002, according to the Utah Department of Corrections.
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