SANTA ANA, Calif. (AP) — The case of a Southern California judge charged with murder for fatally shooting his wife has ended in a mistrial, the prosecutor's office said.
Jurors in a Santa Ana courtroom could not reach a unanimous verdict in the case against now-74-year-old Orange County Superior Court Judge Jeffrey Ferguson, said Kimberly Edds, a spokesperson for the county District Attorney's office.
She said 11 of the 12 jurors had wanted to declare Ferguson guilty of second-degree murder.
Prosecutors had said at trial that Ferguson shot his wife Sheryl with a handgun while the couple was watching television at their home in Anaheim Hills after they had been arguing. Testifying in his own defense earlier, Ferguson did not deny shooting her, but said it was an accident.
The judge's attorney, Cameron Talley, said Monday that he is sure Ferguson is relieved because he could have been taken into custody. But Talley said Ferguson is still saddened by the loss of his wife and his life is still destroyed.
“I do think the evidence shows there was never any intent to intentionally kill anybody,” Talley told reporters.
The case had roiled the legal community in Orange County, which is home to 3 million people between Los Angeles and San Diego. Los Angeles Superior Court Judge Eleanor J. Hunter presided over Ferguson’s case to avoid a conflict of interest.
She scheduled a hearing for Thursday in her Los Angeles courtroom on how to proceed.
At trial, prosecutors said Ferguson had been drinking before he made a gun-like hand gesture toward his wife of 27 years during an argument at a restaurant on Aug. 3, 2023, over family finances. They said he later pulled out a real gun when she chided him to do so after they returned home to watch “Breaking Bad” along with their adult son Phillip.
Ferguson acknowledged firing the shot but contended it was an accident when he was removing the gun from an ankle holster where he always carried it and tried to place it on a table, but fumbled it.
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 after he was taken into 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 that the long-time former prosecutor had ample experience and training in operating firearms and in handling criminal cases involving gun violence.
Ferguson, who became a judge in 2015, is not currently presiding over a courtroom as the state’s constitution bars a judge who faces a felony charge from hearing cases even though they can continue to draw a salary.
Ferguson began his legal career in the district attorney’s office in 1983 and went on to work narcotics cases, for which he won various awards. He was president of the North Orange County Bar Association from 2012 to 2014.
He was admonished by the Commission on Judicial Performance in 2017 for posting a statement on Facebook about a judicial candidate “with knowing or reckless disregard for the truth of the statement,” and for being Facebook friends with attorneys appearing before him in court, according to a copy of the agency’s findings.
Amy Taxin, The Associated Press
