Mistrial declared in trial of Southern California judge accused of murdering his wife
After nine days of deliberations, jurors deciding the fate of Orange County Superior Court Judge Jeffrey Ferguson, 74, could not reach a verdict, and a mistrial was declared Monday morning. The panel was split 11-1 on a charge of second-degree murder.
Ferguson was charged with the Aug. 3, 2023, killing of his 65-year-old wife, Sheryl, in their Anaheim Hills home.
"He (Ferguson) wasn't jubilant or elated, he was you know, he's still pretty sad," defense attorney Cameron Talley said after a mistrial was declared. "Obviously, he lost his wife and so his life is still sort of ruined, and he still has another potential trial to field ahead." Ferguson remains free on $2 million bail pending future court proceedings.
Orange County District Attorney Todd Spitzer said with the outcome "11-1 for guilty ... that is not a case you don't retry." The prosecution said they are hopeful for a new trial starting April 7 or May 19 at the latest.
Ferguson admitted to the shooting, but claimed it was an accident, saying he fumbled his gun due to a shoulder injury, and it accidentally misfired as he reached for it from his ankle holster as he tried to place it on a coffee table. He said he had a number of alcoholic drinks that night and the couple had argued while out to dinner at a restaurant earlier in the evening.
The couple's son reported the shooting, and the same night, Ferguson was arrested and later charged with murder.
While the defense argued the shooting was a tragic accident, the prosecution maintained that Ferguson pointed the gun at his wife and shot her in a drunken fit of anger — which would constitute second-degree murder. In court filings, prosecutors have alleged Ferguson threatened his wife earlier in the evening "by making a hand gesture indicative of pointing a gun at her."
"You have been presented with evidence — credible evidence — he took out the gun, he was angry," Senior Deputy District Attorney Seton Hunt told jurors last week. "He took the gun out, pointed at her and killed her."
The defense maintained Ferguson was not guilty of second-degree murder or involuntary manslaughter, saying he is not guilty of the lesser charge either since it requires a lawful act done in an illegal way, which results in death due to criminal negligence.
Defense also argued that Ferguson was not guilty of criminal negligence since he was handling the gun in a safe way when it accidentally misfired.
Spitzer said since Ferguson admitted to being an alcoholic, drinking daily even while on the bench, that his cases will now have to be reviewed. "It's going to really be up to the individual when the notices go out of his cases. If they want to fill out the declaration that indicates why they believe that they didn't get justice by him when he was on the bench, we'll review all those facts and then we'll make a determination if we need to bring that case back," he said.
Following the mistrial declaration, Sheryl Ferguson's brother, Larry Rosen said he was temporarily happy. He said the family did not believe that Ferguson committed murder. "… In terms of the act that happened, clearly, we are all in agreement that it is involuntary -- that it was something that happened accidentally," he said.
