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Chambersburg man charged with intimidating witness

May 05, 1999|By DON AINES

CHAMBERSBURG, Pa. - A Chambersburg man charged with intimidating a witness in a criminal homicide case pleaded innocent Wednesday in Franklin County Court.

Duane Ferguson, 23, of 118 W. Commerce St., was scheduled for the July trial term. If convicted of the third-degree felony, he could face up to seven years in prison.

According to the affidavit of probable cause filed by Chambersburg police, the incident occurred at the Laurel Lodge at 81 W. South St. on March 13. The report said a man approached Tonya Mosimo-Hill of Chambersburg in the lodge bar at about 1:40 a.m.

The man asked her if she intended to testify against Timothy J. Ross, charged in a March fatal shooting, the affidavit stated.

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"I'll ... kill you, family or not," the man told Mosimo-Hill. He later pushed her and said, "If you testify, you're done," according to police records.

"He wants a trial and is confident of the outcome," Assistant Public Defender David R. Yoder said regarding his client. He said Ferguson maintains his innocence and has no plans to plea bargain.

Yoder said Ferguson is the brother of Yolanda Ferguson, Ross's fiance. Duane Ferguson is also Mosimo-Hill's cousin, he said.

Ross, 25, of 280 Miller St., is charged with criminal homicide in the March 1 death of Drake Luckett, 34, of 217 Linden Ave., who died of a gunshot wound to the chest.

The shooting occurred at 10:42 p.m. in Dave's Tavern, 401 S. Main St. According to police, Luckett and a man argued inside the bar and the man left.

Luckett was shot a short time later as he opened the Catherine Street door of the bar. Ross was arrested early the next morning.

The shooting prompted a call by Third Ward Borough Councilman W. Larry Johnson to have Dave's Tavern closed. Johnson, who is also pastor of the St. James A.M.E. Church, is also holding a meeting on Monday to organize a Neighborhood Watch program in the Third Ward.

The meeting is scheduled for 6:30 p.m. in the Borough Recreation Center on South Third Street.

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