Today, July 10, 2015, Kenneth Ray Ferguson, 39 years old, was sentenced to the maximum of 40 years
in prison for the felony charges of Possession of Child Pornography by Judge Kathleen Hamilton in the 359th
District Court in Montgomery County, Texas.
On October 2, 2013, at the conclusion of an extensive undercover operation, Pct. 4 Constables Office
Captain Mark Seals and other investigators from the Houston-Metro Internet Crimes Against Children Task
Force converged on Ferguson’s residence in Porter, Texas. After executing a search warrant, Ferguson was
arrested on four counts of Possession of Child Pornography for images they recovered directly from a laptop
computer in Ferguson’s possession. Federal Agents from Homeland Security Investigations later assisted with
a full forensic download and recovered other videos that were confirmed to be Child Pornography. Some of
the videos depicted children as young as four years old engaged in explicit sex acts with adult men. Under
Texas law, each image or video can be charged as a separate third degree felony, with a punishment range of
two to ten years in prison.
On Monday, July 6, 2015, Ferguson entered a guilty plea to the four counts of Possession of Child
Pornography. During the punishment phase of the trial, Assistant District Attorneys Adam McLane and Mary
Nan Huffman showed the jury several very graphic videos with children as young as four being sexually
assaulted by adult males. Ferguson’s attorneys told the jury that he was a military veteran suffering from
PTSD and substance abuse, and that he should receive probation. After hearing two days of evidence and
testimony from both sides, a Montgomery County jury sentenced Ferguson to 10 years in prison for each of
the four counts. Under Texas law, a judge has the discretion to “stack” the separate prison sentences so that
they run consecutively instead of concurrently. The State filed a motion to stack the sentences in this case
and today, Judge Hamilton granted the motion and stacked the sentences. Therefore, Ferguson was
sentenced to a total of 40 years confinement in prison; the maximum allowable by law in this case.
Adam McLane, ICAC Prosecutor: “I think that one of the jurors in this case summed it up best when she said
that she “would never be able to get the images of small children being raped by grown men out of her head.”
Those that decide to possess child pornography in Montgomery County will be caught and put in prison where
they belong.