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Not Guilty Plea Entered for Ferguson and Donohue

July 9, 2014
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Not GuiltyIt’s been a long wait for those in the Plymouth area who had dealings gone bad with a former local businessman and his Nebraska partner to be brought back to Marshall County to face charges.
StoneCreekHOmes_CourtThe former president and CEO of Stone Creek Homes, Inc., David Ferguson, was producing modular housing units at the former Shamrock Homes facility on Markley Drive in Plymouth. He and the company’s CFO, Alan Donohue, surrendered Monday to the Marshall County Sheriff’s Department after warrants were issued for their arrests. Both were immediately released on $15,000 cash bonds.
They appeared before Marshall Superior Court I Judge Robert Bowen on Tuesday morning for their initial hearings. The pair faces 25 indictments that were handed down from a Grand Jury investigation in January and February, 2014, for theft, receiving stolen property, conspiracy to receive stolen property and corrupt business influence. The charges stem from allegedly failing to produce products for investors and failure to pay some employees. Additional charges stem from the company allegedly withholding funds for health insurance and failing to pay the premiums.
Judge Bowen entered a plea of not guilty for both men and the court gathered personal information from each man before setting the pre-trial conference for August 8. Judge Bowen also reviewed the charges and informed the defendants of the minimum and maximum punishment for the Class C and D felonies charges they face. The class D felonies are punishable from zero to 3 years while the class C felonies are each punishable from 2 to 8 years.
Ferguson and Donohue were represented in court by Mishawaka Attorney Amy Griner.
The court set November 20th for the change of plea date.
Ferguson left the Plymouth area with no notice after instructing the Human Resource Director and General Manger of the plant to lay off 41 hourly employees, telling them only to pack their personal belongings and leave the property. The office personnel were shocked when they arrived at the facility the next morning and found Ferguson’s personal item, computers, etc. gone. He had also vacated a rental home on Pretty Lake, disconnected his cell phone, and did not return emails.
Donohue closed their plant in Nebraska in the same fashion within hours.
The where-a-bouts of the two partners was unknown for several months; however, WTCA was able to locate Ferguson after seeing pictures on the internet of him opening a business in Snyder, TX .

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2 Responses to “ Not Guilty Plea Entered for Ferguson and Donohue ”

  1. Thor on July 9, 2014 at 12:50 pm

    Pershing said, “Never assume a conspiracy where incompetence can explain the outcome”.

    Then again that they disappeared the next day then tried to restart the same ‘business’ elsewhere seems to show either willful ignorance or an intent to defraud.

    I’ll leave the determination up to the jury…

  2. Andrew on July 9, 2014 at 9:08 am

    I am going to guess innocent by reason of insanity — the behavior certain would confirm this in my book.

    However I think the question is whether there was intent to do fraud or was this a case of making dreams about things without enough grounding in reality and not enough security in the planning to make sure the business could survived in the worst possible conditions. If that is the case, then it seems more a case of incompetence (see Hanlon’s razer — http://en.wikipedia.org/wiki/Hanlon's_razor).

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