Savannah Police officer who killed Carver Village man fired for DUI, lying to Liberty County deputy

​​On Oct. 20, the Savannah Police Department fired Ernest Ferguson, the officer who shot and killed Saudi Arai Lee in the Carver Village neighborhood on June 24.

Documents obtained by the Savannah Morning News show SPD fired Ferguson after an internal affairs investigation found him to have been drinking and driving, speeding and lying about his alcohol consumption to a Liberty County Sheriff’s Office deputy and Georgia State Patrol trooper.

As a result of the investigation, Ferguson was found to have violated two policies: ADM-004 Oath of Office, Ethics and Conduct (Conduct Unbecoming, Knowledge of Laws and Rules, Truthfulness/Honesty), and ADM-013 Firearms, according to a Savannah Police disciplinary action form.

Ferguson, a Northwest Precinct patrol officer, was on paid administrative leave from the department at the time of his termination. He was placed on leave while the department continued its investigation into the fatal shooting of Lee, 31, near the intersection of West Gwinnett and Magazine streets on Savannah's west side. That investigation remains ongoing.

The Georgia Bureau of Investigation completed its inquiry into the shooting and provided a copy of its findings to the Chatham County District Attorney's office on Aug. 16. The DA has not respond yet to a status request on the results of its investigation. Typically, the DA has 90 days to release its findings and make a determination whether to bring charges against an officer who has been involved in a fatal shooting.

Ferguson had been the subject of other investigations since joining the force on March 15, 2021. Ferguson had been reprimanded for failing to activate his body-worn camera in at least three incidents — sparking two internal disciplinary reviews and one internal counseling form — and misusing his department-issued taser while off-duty at home.

Prior to working at SPD, Ferguson was employed with the Coastal State Prison. Working as a correctional officer at the prison from Feb. 2020 to March 2021, Ferguson had been involved in eight use-of-force incidents. SPD failed to note those incidents in a pre-employment background check of Ferguson and hired him 12 days after he left the prison.

DUI arrest

On Saturday, Sept. 11, according to the internal affairs report, Ferguson was drinking at his residence and was supposed to meet a friend at their residence to watch a UFC fight. That co-worker cancelled plans due to internet issues, so Ferguson joined two other Savannah Police officers in downtown Savannah for drinks.

Throughout the night, Ferguson drank a shot of Jägermeister and eight or nine beers, he told the internal affairs investigator.

It wasn't a particularly unusual night, according to Ferguson.

Ever since the shooting of Lee, Ferguson said his drinking problem had worsened. He had been drinking every day since approximately a week before IA called him in for the last set of interviews on Aug. 8. He used to drink a six-pack of beer a day. Now, he said, he was drinking a 12-pack of beer a day at his house.

“He stated he did not reach out for help because he thought it would keep him from going back to work,” an internal affairs investigator noted.

Before the internal affairs investigation, Ferguson tried to conceal his drinking problem, lying to a Georgia State Patrol Officer and Liberty County Sheriff's Deputy about whether he drank at all the night of his arrest.

After drinking in downtown Savannah, Ferguson drove to his mom’s house in Liberty County. Ferguson was pulled over by a sheriff’s office deputy on Georgia Highway 84 for driving 94 mph in a 55 mph zone.

When the deputy asked Ferguson how much he had to drink, Ferguson said he had had nothing to drink. The deputy informed Ferguson that his eyes were “bloodshot” and “implied that he could smell alcohol.”

The deputy requested Georgia State Patrol’s assistance, and a GSP trooper responded to the scene.

When he stepped out of the car, the trooper noticed Ferguson’s outfit. Ferguson was wearing a t-shirt with SAVANNAH POLICE DEPARTMENT in large letters across the back. He was also wearing the shirt when he was drinking downtown, he later admitted in the internal affairs interview.

Though he denied drinking, a portable breath test revealed a positive presence of alcohol with a result of .129%. The legal limit for blood alcohol in Georgia is .08%.

Ferguson was taken to Liberty County Jail, where he received two more breath alcohol tests. Again, the results came back positive, this time with results of .103% and .104%.

Ferguson was booked into Liberty County jail for speeding, no proof of insurance and driving under the influence.

In addition to drinking and driving, Ferguson’s SPD duty weapon was in the console of his vehicle. The internal affairs report confirms that the weapon was in the console while he was drinking in downtown Savannah, though, he noted, his car was locked at the time. Per SPD policy, off-duty officers are not allowed to carry a firearm while visiting bars and drinking alcohol.

'Held to a higher standard'

In a Letter of Transmittal, Lt. Michael McPhaul, his supervisor at the time, recommended counseling for Ferguson.

"Although this is a serious issue, the officer has not had this as an issue before," McPhaul wrote. "He did not have the weapon on his person but did have it in the vehicle he was driving. I feel confident that this will be enough for him to understand his part in this, and it should help him to make better decision in the future."

McPhaul also recommended two written reprimands for Ferguson. "His being untruthful has shown a lack in character and trust as an officer," Mcphaul noted.

"If he is found to be untruthful as an officer, the possibility of him testifying in court would be slim to none," McPhaul further noted.  "If he cannot testify as an officer, he cannot be an officer."

In his appeal of suspension on Oct. 5, Ferguson wrote, “I spent a significant amount of time on administrative leave following a traumatic shooting.”

He wrote that he had not received any counseling and that he had developed a substance abuse issue (alcohol). After he requested assistance, he wrote, he received counseling, which he was participating in at the time of his appeal.

Ferguson was suspended for an additional two days, Oct. 6-7. On Oct. 7, Interim Chief Lenny Gunther met with Ferguson and recommended his termination. On Oct. 19, City Manager Jay Melder upheld the firing.

Drew Favakeh is the public safety reporter for Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.

This article originally appeared on Savannah Morning News: Former Savannah Police officer Ernest Ferguson fired for DUI