Father in shaken baby case found not guilty Watch Video See Photos Read Comments
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Ferguson wept as the jury read the verdict, and as the jurors walked out, he repeatedly mouthed 'thank you.'
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By Graeme Moore
Thursday, November 19, 2009 at 12:40 a.m.

Read more: Local, Miles, Ferguson, Morgan, Martin, Attorney, Baby, Mylee, Homicide, Child, Abuse, Myrtle, Beach, Ohio, Vacation, 2005

An Horry County jury acquitted the Ohio man who police and prosecutors said shook to death his five-week-old daughter, Mylee Ferguson, in July 2007.

After listening to almost two weeks of testimony, the jury was handed the case around 5:30 p.m. Wednesday. Four hours later, they returned the not guilty verdict for Miles Ferguson.

Ferguson wept as the jury read the verdict, and as the jurors walked out, he repeatedly mouthed 'thank you.'

Outside of the court room, close to 100 supporters flanked Ferguson and his wife Ashlee who shared tears and smiles as the group formed a circle around the couple and sang 'Amazing Grace.'

Ferguson declined comment other than to say, "Praise be to the Lord." No mention was made of Mylee.

Miles, his wife and daughter were vacationing in Myrtle Beach on July 29, 2007, when Miles reported to 911 his daughter was unconscious. She died Aug. 2, 2007, at the Medical University of South Carolina in Charleston.

Police charged Ferguson with homicide by child abuse, and prosecutors presented numerous experts who said Mylee died of injuries consistent with shaken baby syndrome. During his trial, Miles admitted he shook his daughter but only after she became unconscious. He said he was trying to get her to respond.

Ferguson's attorney, Morgan Martin, put up just as many experts who testified Mylee died from an underlying medical condition, though the prosecution said Mylee was perfectly healthy before her death.

"This young man wasn't guilty, and he's lived a nightmare for the past two years," Martin said shortly after the verdict.

Martin continued, "The stress they've been under is immeasurable, and I'm just so happy for them. His family needs him, and the last place in the world he needs to be is the penitentiary."

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9 Comments on this Story
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So glad you were found innocent......

Posted by Mike B , usa - Tuesday, November 24, 2009 at 2:40 p.m.

There are so many in your shoes that were proven guilty it is a relief that justice prevailed and you were proven innocent. We too were in a similar situation in which one of our smaller twins passed away at 2 months old being 8 weeks premature and the smaller of discordant twin boys. They took our other son from us and after almost a year we now get unsupervised visits and am sure he will be returned soon. Only someone who has went thru this can understand how unfair it is to lose a child and then to be blamed or suspected of causing it. The closest thing to an apology is to be found innocent as I know you are. There are too many out there that are also innocent but locked up. I would hav to guess you are a much stronger person now and I hope in some way you can pass God's grace onto others that are in or have been in your situation. I started crying just reading about your story for it brought back alot of memories. I will never forget officers and investigators in my house taking pictures pf everything and how belittled I felt. Only God helped bring people into our lives that were willing to help and prove our truth. May God continue to bless you and always know He has His reason for this to occur....and maybe this reason is to help others that are going thru this...that also don't deserve to be blamed.

In a 1965 speech, Dr. John Caffey disagreed. He was
concerned about the possibility of wrongful accusations. “There
are many circumstances in which the parents are totally ignorant
of the cause of their child’s injury and in which they do not and
cannot give a history. The failure of the parents to give a history
of injury is, therefore, not necessarily proof that the parent has
willfully in?icted injury on the child.” Most trauma, he insisted,
was accidental and even short falls could lead to subdural
hematomas. “It cannot he emphasized too strongly,” he said,
“that [medical symptoms] tell nothing of the person who abused
the child or how it was abused.”

Thank God for Justice

Posted by Jared Mosley, Lucasville, OH - Friday, November 20, 2009 at 7:10 p.m.

I have know Miles for a few years now. He was one of the first people to hold my youngest daughter. She was screaming her head off as we walked into church and their stood Miles smiling and arms open. I handed her over to him and she immediately calmed down and I watched as he melted like warm butter. This man is INNOCENT. I have known in my heart the whole time that he could not have hurt his daughter. I am glad that God put a jury in that court, that was able to look at the evidence and see, that he was NOT GUILTY. I was not able to make the trip to South Carolina to be with Miles and the family, but I am glad that a small number of his supporters were able to be there in my place. I also want to thank the fine people of Horry County for being so kind to my friends. We have heard so many good things about the way they were treated by all, except the prosecution. I wish that more people from our tri-state area believed in innocent until proven guilty, but there are ignorant people everywhere, and I for one learned that just because the news portrays a person to be guilty does not mean that he or she is, and i will never pass a judgement of guilt on a person without hearing the facts. Thank you again for being so kind to our friends. Hopefully the Prosecutor will take the time not to jump so quickly and try to just make a name for themselves, the next time a young family goes on vacation and it becomes tragic. I hope that they also will learn something from this. Mylee was a beautiful little girl, and her parent's loved and adored her. Now she can rest in peace, and her family can grieve appropriately without having to worry about the false accusations at least on a legal standpoint. As for the ones that still think he is guilty. Well I live in America. And the phrase INNOCENT until proven guilty came true for this family. I praise God that the justice system worked for this child and her family.

God Is Good

Posted by J Mishoe, Loris SC 29569 - Thursday, November 19, 2009 at 3:01 p.m.

I didn't follow too much on this case, but when I saw the fathers face the past couple days and hearing bits and pieces of this case, I known within my heart that he did not do this intentionly, he was trying to help his little breathe like any other loving parent would do. Rejoice God has answer your prayers and many more. God Bless you and your family you go home and live a happy life.

Thank you

Posted by L Sue, Portsmouth, OH - Thursday, November 19, 2009 at 2:19 p.m.

In spite of overzealous prosecution, justice is alive and well in Horry Co., SC.
Praise God
To all who stopped at the Support Rally to share prayer, food, or good wishes, may God bless you as much as Portsmouth, Ohio has been blessed by having Miles Ferguson cleared.

Ferguson case

Posted by Darlene Brown, Florence, SC - Thursday, November 19, 2009 at 1:02 p.m.

I'm tears with the verdict of this case. My god has again shown up just when we needed him. Not done day did I ever think that this man, whose child is named after did anything but to help his 5 week old baby. I was avoiding the news for the 2 weeks because I wasn't very sure how the people of Horrry county would see this. I know that there has been several cases of child abuse in the county, but never did I beleive that this is one. Miles and Ashlee, may the Lord continue to bless you and your family. Over the weekend there was a movie on lifetime with the same situation, however the famiy spent years in prison before being set free. Again I would like to say PRAISE THE LORD.

Thank you!!!

Posted by n williams, portsmouth, ohio - Thursday, November 19, 2009 at 12:47 p.m.

I want to thank everyone for there prayers for this wonderful family. I also want to thank all the great people from Horry County for all the love and support that you showed for Miles and Ashley. God is Great, All the Time!! Praise the Lord for his blessings.

Relieved

Posted by k pb, myrtle beach - Thursday, November 19, 2009 at 12:25 p.m.

Thank God for the VERDICT. I was praying for this man and his family. There is a God up above and He does PREVAIL! Now this family can move on. I'm sure they miss their Baby, but God had other plans for her...My prayers will continue to be with this family.

Little Mylee and her family

Posted by Dee Shearin, Conway - Thursday, November 19, 2009 at 11:06 a.m.

Praise the Lord. I have watched this case forl the past two weeks and prayed for this family. I am so thankful that God reached down and brought his mercy, grace and peace to this family. I truely believe that Mylee will now rest in peace. God bless you all.

Prayer Works

Posted by M West, Conway - Thursday, November 19, 2009 at 7:36 a.m.

Thank God for the truth prevailing in this case. The support this Man had was overwhelming and touched your heart. It felt good to see God's people gathered for this man's support. Not one was out of line or in any way anything less than very pleasant to be around. We at the government building really enjoyed seeing them and speaking with them for the last two weeks. May God continue to bless and keep them all.
A situation like this renews your faith in our fellow man.
Take care and God Bless.

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