Shaquille Ferguson Jr. was only five years old when he died June 12, 2021, his body found in the Rio Grande, downstream from a city park where his father, Shaquille Ferguson Sr., took him and left him “unattended,” according to court records.
Shaquille Ferguson Sr. wasn’t arrested until August 13, 2021, on three felony charges of “reckless abuse of child (results in death),” “abuse of a child (does not result in death or great bodily harm),” and “obstructing investigation of child abuse or neglect.”
After two hearings in magistrate court to determine pre-trial detention, the criminal case against Shaquille Ferguson Sr. was bound over to the district court. According to state Assistant District Attorney David Longley, who spoke briefly to the Citizen a few days ago, Ferguson’s “competency to stand trial has been raised. He is in the Las Vegas mental health hospital.” Asked if Ferguson has been there for nearly four years, Longley said he could not comment.
A court in Santa Fe appointed Rachel Higgins the personal representative of the Shaquille Ferguson, Jr. estate. She is an attorney based in Albuquerque specializing in medical malpractice, civil rights, whistleblower, and personal injury. Represented by Vincent Ward, Higgins filed a case against the T or C Police Department June 9, 2023 under the Tort Claims Act, and then added the city and city commission Jan. 5, 2024 as defendants.
The T or C police is “required to investigate allegations of abuse and neglect and decide whether to remove a child,” according to Higgins’ filing.
Referencing a state police investigation, Higgins’ filing stated that there were eight “intake reports” of possible child abuse, of which “five were substantiated.”
One report, by a neighbor, stated that they heard the child call out,”I’ll behave,” and “please let me go.” The same neighbor made a second report a few days later, when they saw the child “hog-tied to the bed,” when passing Ferguson’s door.
A week before the child’s death, on June 5, the T or C police department, “cited and or arrested Ferguson Sr. for criminal trespass, harassment and shoplifting,” and the officer described him as “disoriented” and “not making sense,” Higgin’s filing stated.
“Despite ongoing and extensive criminal behaviour,” Higgin’s filing stated, “the police failed to check on the welfare of Shaquille Ferguson Jr.”
Higgins also brought a case against the Children Youth and Families Department, but both parties filed a joint motion to dismiss the case without prejudice on February 5. It is likely that CYFD prevailed in its arguments for “sovereign immunity” and requests to be exempt from disclosing documents and submitting to depositions.
Attorney General Raul Torrez entered the case as an “interested party,” but his office did not return a request for comment.
Torrez, in a press conference a few weeks ago, said he began his career litigating child-abuse cases. He vowed to stop CYFD’s hiding behind the “blanket shield of immunity that is facilitating abuse.”
In the case against the city, Higgins asks for damages under the New Mexico Wrongful Death Act, “as limited by the New Mexico Tort Claims Act, including but not limited to the following categories:
- Past physical and emotional pain and suffering as a result of being placed in the custody of a known child abuser and the past physical pain and emotional suffering resulting from his death.
- The value of loss of life and hedonic damages that flow there from.
- Compensatory damages . . .plaintiff’s costs and the relief deemed proper.”
The Tort Claims Act prohibits collecting “exemplary” or “punitive” damages from governmental entities. Property damages aside, $750,000 is the cap for “one person, one claim” that can be collected from a governmental body.
The city commission, during executive, closed session on April 23, was “briefed on the case but took no action,” according to City Manager Gary Whitehead, who said he could not comment further on the case.
Who was the city’s chief of police at the time, the Citizen asked Whitehead, who answered, via the city’s human resources department:
“In response to your question, of who was the Police Chief in June 2021. The position was vacant when Chief Michael Apodaca retired on April 23, 2021. Deputy Chief Erica Baker was appointed to Interim Police Chief on April 25, 2021, and served as such until July 2, 2021, when Chief Victor Rodriguez was hired.”
The position of city manager was also in flux. Bruce Swingle was hired about three weeks before the child’s death.
I was blessed to meet this little angel on a few occasions. He was a polite, handsome, thoughtful soul. Always smiled even though he was going through this hell. His alleged grandmother didn’t protect him either. I hope she doesn’t get a dime of any money that may result from this lawsuit. I truly believe it is time we stood up for children who have no voice and no protection from the ones who are sworn to to so. Sickening that I won’t get to see what a beautiful human being he would have grown into. Hr already was!!!
I’m confused – who has standing to sue the city, and who would benefit from the financial judgement?
Someone, we don’t know who, which is the point, formed the Shaquille Ferguson Estate. They got an attorney, Rachel Higgins, who agreed to be the “personal representative” of that estate. Higgins, unable to serve both as PR and attorney, got an attorney, Vincent Ward. They went to court in Albuquerque and Santa Fe before judges to assert and win standing to represent and bring suit for the estate. If they win in court, however the estate is set up will determine the distribution of money. It could be that the suit was brought to prevent future child abuse or to hold those responsible accountable.
The city has repeatedly swept blame for negligence under the rug for decades!! The incompetence of the city’s management is with out measure!!!!