KISSIMMEE, Fla. (Court TV) — A Florida man will likely die behind bars after a judge refused to grant his request for a downward departure at his sentencing, despite his emotional apology.
Richard Ferguson cries while testifying at his sentencing hearing on Feb. 18, 2026. (Court TV)
Richard Ferguson, 70, was convicted by a jury on four counts of manslaughter in the deaths of Trinidad Hernandez and her three grandchildren. The victims had been in a car that was hit by Ferguson’s unlicensed 15-year-old son on Sept. 3, 2023. At trial, prosecutors argued that Ferguson gave his son the keys to the car, but he denied any responsibility.
At a sentencing hearing on Wednesday, Judge Wayne Wooten sentenced Ferguson to 444.15 months in jail — approximately 37 years. In doing so, he denied Ferguson’s request for a downward departure from the mandatory minimums.
“Please know that my remorse is permanent and genuine and overwhelming,” Ferguson said from the witness stand at his sentencing. “I am sorry, I am truly sorry.”
When pressed about what happened, Ferguson conceded, “I should have went after my son and stopped my son,” but denied handing his son the keys to the car or giving him permission to drive. “Y’all want me to lie about something I did not do,” he said. “I never ever gave my son those keys. He took them off the key rack.”
Ferguson’s children testified on his behalf at the hearing, pleading for mercy and asking the judge to release him to home confinement rather than jail. Ferguson’s family cited his Stage IV prostate cancer, which he said has spread since he has been incarcerated.
Sabrina Hernandez, Trinidad’s daughter and the mother of the three children who were killed, had no sympathy for Ferguson. “I’m angry that I’m sitting here and listening to the sob stories about health. It’s completely missing the point,” she said. “If I want to hug my children, I have to hug a vase with a pile of ashes that sits in my living room.”
Ferguson’s son was sentenced as a juvenile and will be released from custody at age 19; he is currently 17 years old.
