Charges filed against Vail man for allegedly shooting his roommate
Robert Fergus-Jean, now free on bond, faces two counts of attempt to commit murder in the first degree, other charges
Prosecutors have filed formal criminal charges against Robert Owen Fergus-Jean, a 37-year-old Vail man who authorities allege shot and injured his roommate after an argument in the early morning hours of Dec. 30.
According to court records, Fergus-Jean has been formally charged by prosecutors with two counts of attempt to commit murder in the first degree, a class 2 felony; illegal discharge of a firearm, a class 5 felony; and tampering with physical evidence and criminal mischief, both class 6 felonies.
Prosecutors also filed two counts of “crime of violence,” which would impose mandatory enhanced prison sentences if Fergus-Jean is convicted, as well as misdemeanor charges for prohibited use of a weapon and unlawful possession of a controlled substance.
Fergus-Jean appeared briefly in Eagle County Court on Monday via a video conference with his defense attorneys. Fergus-Jean is free on $25,000 bond and is next scheduled to appear in court on Feb. 23.
According to an affidavit filed by Vail Police Department, the shooting happened at the Lion’s Ridge Apartments in Vail after Fergus-Jean and his roommate, Stephen McIntyre Darley, also 37, were partying at home with alcohol, marijuana and psychedelic mushrooms and an argument between them ensued.
Fergus-Jean reportedly fired six shots from his .45 caliber handgun at Darley. The shots are believed to have been fired from a hallway in the apartment and through Darley’s closed or closing bedroom door, with Darley on the other side of the door. Darley was hit twice, once in the left thigh and once near the right knee, and taken to Vail Health Hospital for treatment for serious yet non-life threatening injuries.
Police said one of the six bullets went through the bedroom wall and into a neighboring apartment, entering above a bed where a neighbor was sleeping. That man was not injured.
According to the affidavit, Fergus-Jean and Darley provided differing accounts about how the argument started, what it was about, and why and how it escalated, though neither of the men appeared to express any hostility toward the other over the incident. The two men were seen exiting the apartment together when police arrived to investigate a report of a disturbance, and Fergus-Jean had reportedly helped bandage Darley’s wounds after the shooting.
Tom Lotshaw can be reached at email@example.com.
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