Defendant guilty in 2003 Modesto murder of Lacy Marie Ferguson

Boni Driskill waited a long time for authorities to determine who killed her daughter in a brazen drive-by shooting, find those responsible and secure a conviction. Her wait ended Wednesday morning.

“After 14 long, long years of fighting for justice, it has now been served,” Driskill said in a written statement.

A jury on Wednesday found David Aguilar guilty of murder in the death of Lacy Marie Ferguson, a 25-year-old mother hit by stray gunfire in a drive-by shooting in west Modesto.

The jury also found Aguilar guilty of three counts of shooting at an occupied building or vehicle and two counts of attempted murder for two other people hit by gunfire. His charges included enhancements for using a gun in the crime and causing great bodily injury or death.

Ferguson’s daughter, Haleigh, was 3 years old when her mom died. Driskill and her granddaughter have since moved out of the Modesto area. They were not able to be in court for the verdict announcement Wednesday, but the prosecution team told her about the trial’s outcome.

Driskill said she promised her daughter two things as she held her hand as her daughter was dying.

“First, I would raise her daughter, Haleigh, to the best of my ability. She is now in her senior in high school and an A-student with a fabulous future ahead of her,” Driskill said Wednesday in her statement. “Secondly, the other promise came true today.”

Aguilar’s family remained adamant after the verdict announcement that he did not commit the crime. Angelina Aguilar, the defendant’s mother, said in Spanish as she left the courtroom, “You punished an innocent man.”

Monica Ramirez, the defendant’s niece, said the jury relied on testimony from convicted, incarcerated felons who lied to receive leniency from prosecutors.

“Lacy really needs justice, this isn’t fair. My uncle needs justice,” Ramirez said. “Look at who sat on the (witness) stand, criminals. Criminals who wanted a deal... and they sat here, and they believed them.”

Ramirez was referring to Anthony Warren and Aylwin Dwayne Johnson, who both implicated Aguilar.

Chief Deputy District Attorney Marlisa Ferreira argued at trial that Aguilar was in a car with Pete Garcia that night before both men took turns firing a gun in the direction of the convenience store. Garcia was killed before he could be charged in the deadly shooting.

Warren has testified that he saw Aguilar and Garcia fire shots from a car at the convenience store. Warren said he had known Aguilar for about 10 years before that night and immediately recognized him sitting in the passenger seat, with Garcia driving the car.

Percy Martinez, Aguilar’s attorney, argued that Warren and Johnson were behind bars for committing unrelated crimes when they offered their stories to authorities years after the shooting.

Johnson in 2013 was sentenced to serve consecutive prison terms of 42 years to life and life without parole for shooting to death Rodolfo “Rudy” Macias in 2008. Martinez said Johnson’s sentence was reduced to 23 years to life in prison in exchange for his testimony in Aguilar’s trial. That means Johnson could now become eligible for parole.

DELIBERATIONS

The jury of four women and eight men began deliberating Friday afternoon and continued Tuesday before reaching a verdict about 11:30 a.m. Wednesday. Aguilar faces a maximum sentence of 61 years to life in prison.

Aguilar also was convicted of two counts of attempted murder. Ferguson’s boyfriend, John Ritchie, was standing near her outside a gas station when they were both struck by gunfire.

Adrian Vega was in a nearby parked car, which authorities say was the intended target. Ferguson, Ritchie and Vega were all hit by gunfire. Ferguson was hit in the head and died hours later at Doctors Medical Center in Modesto.

The deadly shooting occurred Aug. 24, 2003, at the Quik Stop store and gas station on Paradise and Carpenter roads.

Ferguson and Ritchie had just stepped outside the convenience store when shots rang out from a car driving through the parking lot.

ARREST

Aguilar was found by authorities in Mexico and was held in prison there since 2014 as he fought extradition. He was brought back to Stanislaus County in May.

Garcia, 29, died after an exchange of gunfire with Timothy Carrillo in 2008. Cary Thompson Jr., 22, was caught in the crossfire as he slept on a living room couch. The men, both from Modesto, died at the scene.

Carrillo was convicted of two counts of second-degree murder in the Ceres shooting. He was sentenced to 80 years to life in prison for the murders.

Aguilar is scheduled to return to court Sept. 13, when Ferguson’s family and friends will have an opportunity to speak about the impact of her death. A sentencing hearing has been scheduled for Oct. 31, giving the defense enough time to prepare a motion seeking a new trial if needed. The defendant remains in custody at the county jail.

This story was originally published August 16, 2017 at 1:19 PM with the headline "Defendant guilty in 2003 Modesto murder of Lacy Marie Ferguson."