August 02, 2010

NEW MILFORD STABBING VICTIM SUES TOWN FOR NEGLIGENCE

NEW MILFORD -- Catherine Fergus, the mother of three who police said was stabbed by her estranged husband outside her home last November, is suing the town, claiming police were negligent in not preventing the attack.

Catherine Fergus said police should have immediately arrested Neil Fergus after he violated a protective order by placing a series of threatening telephone calls to her, rather than "tipping him off to his pending arrest," according to the lawsuit, which was filed in state Superior Court in Litchfield.

"It is inconceivable that a trained police officer would call an insane man who recently threatened his estranged wife and alert him that he was about to be arrested," New Haven attorney Joe Faxon said. "Barney Fife would know that the insane man's next move would be to go attack the woman again."

The couple were in the process of a divorce, and Catherine Fergus had obtained a protective order barring her estranged husband from harassing her.

But shortly before the Nov. 14 attack, she called New Milford police to complain that Fergus had phoned her dozens of times and threatened her.

Two hours after a police officer contacted Neil Fergus, he went to the Cortland Drive home he once shared with his wife, found her in her car with two of their children, and stabbed her several times in the back and arm, according to the lawsuit.

Catherine Fergus managed to escape and ran into the house, but Neil Fergus forced his way inside and threw his 71-year-old mother-in-law to the ground before police showed up and arrested him, police have said.

The mother-in-law, Ann Wranovix, and the couple's three children are also plaintiffs in the lawsuit. Faxon said that Wranovix and the children suffered emotional distress in witnessing the attack.

Neil Fergus, 41, is jailed on $1 million bond and faces multiple charges, including attempted murder, home invasion and first-degree assault. He has pleaded not guilty, and his attorney, Martin Minnella of Waterbury, plans an insanity defense.
New Milford police spokesman Lt. James Duda said the department would not comment on the criminal case, and referred questions about the lawsuit to the town attorney.