Judge to decide on delay, bond for former Savannah officer charged with murder

SAVANNAH, Ga. (WTOC) - A judge is weighing whether to delay an upcoming immunity hearing and whether to grant bond for a former Savannah Police officer charged with murder.

The hearing centered mostly on a motion filed by prosecutors seeking a continuance of Ferguson’s immunity hearing, currently scheduled for May 21st and 22nd.

Prosecutors argued they need additional time to prepare after recently receiving information about a defense expert witness, and because lead prosecutor Lyle Burnham is leaving the District Attorney’s office.

Ernest Ferguson is the former Savannah Police officer accused of shooting and killing Saudi Lee in 2022 while on duty. Since then, the former officer was fired, arrested on other charges, and has been incarcerated for nearly 2 years.

Prosecutors seek delay

Defense Attorney Boone Phillips told the court discussions about scheduling began in October of 2025 and both sides ultimately agreed to the May hearing dates back in November.

While Ferguson was a police officer at the time of Saudi Lee’s shooting death in 2022, his defense is centered on self-defense under Georgia law.

Because the upcoming immunity hearing could ultimately end the case if the judge rules in Ferguson’s favor, his attorneys argue that any delay would unfairly impact his rights.

“Mr. Ferguson remains incarcerated,” said Boone Phillips, Ferguson’s attorney. “The defense counsel has gone through due diligence. We prepared for it, we blocked off our schedule, we filed conflict letters to meet with witnesses, we prepped our witnesses, and we had several meetings.”

Phillips argues a tight turnaround after the lead prosecutor announced he’s leaving the DA’s office doesn’t warrant a continuance. A new prosecutor will have to familiarize themselves with the case.

“In reviewing the record in this case, it appears the only continuance of the past four so far in this case has been by the defense, which the court granted,” said Lyle Burnham, Chatham County prosecutor.

“The state has had this case, this file, this hearing date, and this motion for months,” Phillips said. “And the last time I checked, there are in excess of 50 assistant district attorneys who work for the elect.”

“The state has not been sitting on its heels,” Burnham argued, pointing to multiple motions prosecutors have already litigated in the case.

“If he’s immune from prosecution, which we believe he is, then he should not be required to continue defending this case at all,” Phillips told the court.

Attorneys introduced documents into evidence, including what they described as an agreement involving individuals in Fort Worth, Texas, willing to house Ferguson if released, as well as a completion certificate for programs Ferguson completed while incarcerated.

Attorneys argued that witnesses have already booked travel and rearranged their schedules to testify on his behalf.

Defense attorneys acknowledged the death at the center of the case was tragic, but argued bond decisions should focus on legal standards rather than the emotion surrounding the case.

“Former Officer Ferguson lives in the trauma of the death that he caused,” an attorney for Ferguson told the court.

The defense told the judge Ferguson has not seen his 10-year-old son since September of 2024 and described his incarceration as “extremely difficult and traumatic.”

Attorneys also argued Ferguson has remained sober while in jail and has now reached three years in recovery.

“He has committed completely to his sobriety,” defense counsel argued. “He is now three years back in recovery. And that is a tremendous achievement.”

Defense attorneys pointed to an evaluation from Dr. Black that reportedly categorized Ferguson as low-risk and low-recidivism, arguing he has complied with jail programming and demonstrated positive behavior while incarcerated for nearly 19 months.

Attorneys also argued concerns about future relapse or misconduct were speculative and not supported by evidence presented to the court.

At the conclusion of the hearing, the judge did not immediately rule on either the motion for continuance or the renewed bond request.

Judge Middleton says he’ll make a decision on these issues by the end of the week.