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Ferguson trial: Defendant takes the stand in his own defense

The man accused of killing his brother took the witness stand in his own defense on Monday in Oneida County Court.

Posted: Mar 11, 2019 12:23 PM
Updated: Mar 11, 2019 6:52 PM

UTICA, N.Y. -- The man accused of killing his brother took the witness stand in his own defense on Monday in Oneida County Court.

John Ferguson, 38, faces second-degree murder and third-degree criminal possession of a weapon charges related to the stabbing death of his 41-year-old brother Daryl Ferguson on July 17, 2018 at their mother's home in Yorkville.

Ferguson told jurors that his brother and had been drinking and using cocaine that night.

He said Daryl got mad at him after he asked if Daryl would help him move to a new place later that week. John Ferguson said his brother got angry and choked him.

John Ferguson said he tried to get away from his brother and go to a bedroom, but he said Daryl Feguson continued to come after him.

John Ferguson testified that he eventually grabbed a kitchen knife because he was scared of his brother.
He said his brother yelled and swore at him. He said he told his brother to leave him alone and let him out of the bedroom, but he said Daryl Ferguson reached to grab the knife.

John Ferguson said at some point he stabbed his brother and the two of them got into a physical struggle.

"He reached to grab the knife and I reached out," he said on the witness stand.

Luke Nebush asked what happened and if Jonh Ferguson was afraid at this point.

John said he was scared of his brother. Nebush asked him what happened next.

"He got stabbed right here," John Ferguson said pointing to his stomach. Nebush asked who stabbed him, John said "I did."

During cross examination Todd Carville, assistant district attorney, asked John Ferguson if he could have left the house before the fight got worse. Ferguson replied yes. Carville asked if he called 911, Ferguson replied no. Carville asked if he performed CPR or did anything to try to stop his brother's bleeding, Ferguson said no.

The prosecution and the defense rested their cases, both are expected to deliver closing arguments on Tuesday at 9:30 a.m. The jury will then begin deliberations.

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