Mistrial Declared in Case of O.C. Judge Who Shot and Killed His Wife

Introduction to the Case

An Orange County jury deadlocked Monday on a charge of second-degree murder against a 74-year-old Superior Court judge who shot and killed his wife after hours of bickering and hard drinking. After eight days of deliberations, the jury was split 11 to 1 in favor of convicting Jeffrey Ferguson, who said he fumbled and fired accidentally while trying to place his gun on a coffee table when he killed his wife of 27 years.

Background of the Incident

Ferguson and his 65-year-old wife, Sheryl, had been quarreling about money for hours when he removed his Glock from his ankle holster and fired a single bullet through her midsection on Aug. 3, 2023. They were between watching episodes of “Breaking Bad” in the family room of their Anaheim Hills home. During his testimony, he admitted that he was an alcoholic and that he’d been drinking that day. A prosecution expert said Ferguson’s blood alcohol level had been about twice the legal driving limit at the time of the shooting.

Immediate Aftermath

In the hours after the shooting, seized by guilt and self-loathing, an inebriated Ferguson wished aloud for the death penalty, demanded to be punched in the face and predicted that he would burn in hell. He agonized over their 22-year-old son, who had just witnessed his mother’s violent death, and vowed not to cheat the law with “subterfuge.” “Convict my ass,” Ferguson muttered to an imaginary jury in a police interview room.

Trial Proceedings

Facing a real jury in a Santa Ana courtroom 18 months later, threatened with prison and the end of his pension as a judge, a sober Ferguson cast his wife’s death as an accident and denied criminal blame. “We loved each other a lot,” Ferguson testified. “We didn’t argue all the time.” Defense attorney Cameron Talley uses a fake gun as a prop during closing arguments in the trial of Judge Jeffrey Ferguson. (Allen J. Schaben / Los Angeles Times)

Details of the Argument

Ferguson and his wife had been having a familiar fight that day. He told jurors that she was upset because they had sent money to his grown son from a previous marriage, but had received no thank you card. “What annoyed her is he never expressed gratitude or appreciation,” Ferguson testified. “Ten days had gone by and no card had arrived.” The argument continued over dinner at El Cholo restaurant, where he pointed his finger at her in imitation of a gun, making her so upset she left the table.

Testimony and Cross-Examination

Ferguson told jurors his gesture had not been one of menace but of capitulation, a way of saying, “You win.” Back at home, the quarrel continued. Their son, Phillip, told police he heard his mother say, “Why don’t you point a real gun at me?” before his father extended his arm and fired. But Ferguson told jurors that is not what he heard his wife say. Instead, he said he heard: “Why don’t you put the real gun away from me?” Senior Deputy Dist. Atty. Seton Hunt presents his closing arguments in the judge’s trial. (Allen J. Schaben / Los Angeles Times)

Verdict and Next Steps

Under cross-examination from Deputy Dist. Atty. Seton Hunt, Ferguson acknowledged that he had broken the law hundreds of times by drinking in public while armed, which is forbidden by the terms of his concealed-carry permit. Before his arrest, Ferguson presided over a courtroom at the Fullerton courthouse. He testified that it was common for him to drink at lunch. Ferguson is free on $2-million bail. After Hunter declared a mistrial Monday, Orange County Dist. Atty. Todd Spitzer said he would retry the case.

Conclusion

The mistrial declared in the case of Judge Jeffrey Ferguson highlights the complexities and challenges of dealing with cases involving domestic violence and alcohol abuse, especially when they involve public figures. The retrial will undoubtedly bring further scrutiny to the events surrounding the death of Sheryl Ferguson and the actions of her husband.

FAQs

• Q: What was the charge against Judge Jeffrey Ferguson?
  • A: Second-degree murder for the death of his wife, Sheryl Ferguson.
• Q: What was the outcome of the jury deliberation?
  • A: The jury was split 11 to 1 in favor of convicting Ferguson, leading to a mistrial.
• Q: What was the basis of Ferguson’s defense?
  • A: Ferguson claimed the shooting was an accident, stating he was trying to place his gun on a coffee table when it fired.
• Q: Will there be a retrial?
  • A: Yes, Orange County Dist. Atty. Todd Spitzer announced plans to retry the case after the mistrial was declared.