A Pana man will not get a reduced sentence or a new trial after being convicted of Home Invasion and Residential Arson in May. 56-year-old Brian K. Ferguson was sentenced to 22 years in prison for the crimes in July. Christian County Circuit Judge Brad Paisley denied the motions because the reasons had been ruled on before the trial.
Ferguson’s counsel, Christian County Public Defender Greg Grigsby also filed a modification of sentencing motion, arguing that “great bodily harm” was never found by the court and that makes the 22-year sentence a mandatory 50 percent sentence instead of a mandatory 85 percent sentence. Christian County State’s Attorney Mike Havera did not dispute the argument, but he said that the courts should have a re-sentencing because of the court's error, saying the sentence handed down could have been steeper if it was known that it should have been a 50 percent time served sentence.
Paisley ordered both sides to file additional information in the next 30 days and that the modification motion would be taken under advisement. Ferguson will have the right to appeal the judgment once the modification motion is ruled upon.