The case of a California judge charged with murder in his wife's death
has ended in a mistrial
[March 11, 2025]
By AMY TAXIN
SANTA ANA, Calif. (AP) — The case of a Southern California judge charged
with murder for fatally shooting his wife ended in a mistrial Monday
after a jury was unable to reach a unanimous verdict.
Los Angeles Superior Court Judge Eleanor J. Hunter declared the mistrial
in the case against now 74-year-old Orange County Superior Court Judge
Jeffrey Ferguson. Eleven of the 12 jurors had wanted to declare Ferguson
guilty of second-degree murder, and prosecutors said they are prepared
to retry the case.
Prosecutors said during trial that Ferguson shot his wife Sheryl with a
handgun in 2023 while the couple was watching television at their home
in Anaheim Hills after they had argued. Ferguson did not deny shooting
his wife and testified that it was an accident.
Hunter, who presided over Ferguson’s case to avoid a conflict of
interest, scheduled a hearing Thursday on how to proceed.
Orange County District Attorney Todd Spitzer said his office would
review the case and speak with Sheryl Ferguson’s family members before
taking its next steps. The jury had begun deliberations more than a week
ago.
“Eleven to one is a success in the world in which we operate,” Spitzer
told reporters. “She died in cold blood, and we’re going to get justice
to the best of our ability.”
The judge's attorney, Cameron Talley, said Monday said he hopes there
might be an agreement with prosecutors due to Ferguson’s age and the
support he's received from his wife’s brother and the couple’s son.
“I do think the evidence shows there was never any intent to
intentionally kill anybody,” Talley told reporters, adding Ferguson's
life has already been destroyed and he is still saddened by the loss of
his wife.
Larry Rosen, Sheryl Ferguson’s brother, told reporters he was pleased
with the outcome and doesn’t believe the killing was murder. He said he
and his brothers feel the shooting was an accident, and he would like
for prosecutors to reach a deal with Ferguson.
“To me, it shows the jury, at least to some degree, is as conflicted as
I am,” Rosen said. “I just don’t think murder is the right call. I
really don’t.”
The case had roiled the legal community in Orange County, home to 3
million people, between Los Angeles and San Diego.
During the trial, prosecutors said Ferguson had been drinking before he
made a gun-like hand gesture toward his wife of 27 years during an
argument about family finances while at a restaurant on Aug. 3, 2023.
They said he later pulled out a gun when she chided him to do so after
they returned home to watch “Breaking Bad” along with their adult son
Phillip.
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Ferguson's attorney Cameron Talley, right, talks to the media as
co-counsel Kaveh Newmen listens in Santa Ana, Calif., Monday, March
10, 2025. (Mindy Schauer/The Orange County Register via AP)
Ferguson acknowledged firing the shot but called it an accident. He
said he was removing the gun from an ankle holster where he always
carried it but fumbled it when he tried to place it on a table.
The case was heard in a courtroom about 10 miles (16 kilometers)
from where Ferguson presided over criminal cases as a judge and
included extensive video footage of Ferguson talking to police
outside his home after the shooting and once he was in custody. He
was seen on video sobbing and saying his son and everyone would hate
him.
Immediately after the shooting, Ferguson and his son both called
911, and Ferguson texted his court clerk and bailiff saying, “I just
lost it. I just shot my wife. I won’t be in tomorrow. I will be in
custody. I’m so sorry,” according to a copy of a text message shown
to jurors.
Authorities said they found 47 weapons, including the gun used in
the shooting, and more than 26,000 rounds of ammunition at
Ferguson’s home, and added the long-time former prosecutor had ample
experience and training in firearms and in handling criminal cases
involving gun violence.
Ferguson became a judge in 2015 but isn't currently presiding over a
courtroom as the state’s constitution bars a judge who faces a
felony charge from hearing cases. He began his legal career in the
district attorney’s office in 1983 and went on to work narcotics
cases, winning various awards.
The Orange County district attorney's office will create a process
to review cases decided by Ferguson at the request of defendants
because during his trial testimony, the judge acknowledged drinking
alcohol during his lunch break before returning to work, Spitzer
said. He said Ferguson handled criminal arraignments in a courthouse
in Fullerton.
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