OC judge convicted of second-degree murder in wife's shooting death

An Orange County judge accused in the shooting death of his wife in the couple's Anaheim Hills home was convicted Tuesday of second-degree murder at his retrial in Santa Ana.

Jurors began deliberations Monday afternoon and returned with the guilty verdict about 24 hours later against Jeffrey Ferguson, 74, in the Aug. 3, 2023 shooting death of his wife Sheryl, 65, at the couple's Anaheim Hills home.

After the verdict was read, Ferguson turned, removed his coat and hugged his son in the courtroom before he was handcuffed and taken into custody by Orange County Sheriff's Department deputies.

Orange County District Attorney Todd Spitzer said he has known Judge Ferguson, his wife and son Phillip for decades. At a news conference outside the courtroom, he commented on Ferguson's interaction with his son after the verdict was announced by the court clerk.

"During that moment, I was sitting very, very close," Spitzer said. "It wasn't a hug. It was Phillip's full embrace as tight as one could embrace another individual."

Spitzer said Ferguson's final words to his son before he was taken into custody were, "Be strong."

Jurors also found true a sentence-enhancing gun allegation, opening Ferguson to a possible prison term of 40 years to life. Sentencing was scheduled for June 13.

"There are no winners here," Spitzer said. "Justice was achieved, but I'm very sad for the Ferguson family."

A mistrial was declared in the first trial when the jury split 11-1 in favor of a guilty verdict on a second-degree murder charge. Jurors could have convicted Ferguson of second-degree murder or involuntary manslaughter, if they did not acquit him.

Deliberations began Feb. 26 in the first Ferguson trial, but after more than a week of deliberations, jurors could not come to a unanimous decision.

Attorneys for the prosecution tried to convince jurors that Ferguson was upset following a dispute with his wife at a restaurant. When the two were back home, Ferguson took out his gun and killed his wife in a tragic chain of events that warrant a murder conviction, prosecutors said.

"She died in cold blood with a single gunshot wound right in the center mast into her chest and she succumbed to those injuries," Sprtizer said. "Her son overwhelmingly and passionately did everything he could to save his mother’s life while Jeff Ferguson went outside to text his bailiff."

Defense attorneys argued the shooting was accidental. In an interview with NBCLA at his Anaheim Hills home after the mistrial, Ferguson said he was relieved and disappointed at the same time when the jury was unable to reach a unanimous verdict.

“In the count – the 11 to one. That was sort of a blow to my emotions, but I don’t have any other choice but to keep going forward,” Ferguson said.

On the day of the shooting, the Fergusons and their son Phillip went to El Cholo Mexican restaurant, but Sheryl Ferguson left after her husband made a hand gesture mimicking a gun during an argument, according to testimony. Later at their home, Phillip Ferguson said he heard his mother say something to the effect of, "Why don't you point a real gun at me?"

Calling it the most reliable account of the shooting, prosecutors played video of the son later telling police, "I turned around and he pulls out a gun and aims at her and fires."

In response to those who claim the killing was intentional, Ferguson insisted it was an accident. He said that he fumbled with the Glock pulled from an ankle holster and it accidentally discharged when he tried to place it on a cluttered coffee table.

“I’m not getting away with anything because I lost her, and she lost her life,” he told NBCLA.

Ferguson's blood-alcohol level was .065 percent when it was measured seven hours after the shooting, prosecutors said. An expert testified it was likely about .17 percent, or nearly twice the legal limit for driving, at the time of the shooting.

At a news conference after the court proceeding, Orange County District Attorney Todd Spitzer said he plans to review some of Ferguson's cases. Ferguson, who has been a judge in Orange County for nine years, testified that he sometimes had a few drinks during lunch and may have been intoxicated during hearings over which he was presiding.

Defense attorney Cameron Talley challenged the prosecution's argument by saying it stems from a misunderstanding of how guns work. Talley noted how Senior Deputy District Attorney Seton Hunt referred to loading bullets in the gun during the trial when the weapon uses magazines. Talley also said the pathway of the bullet, as the pathologist in the case testified, disproves any legal theory that Ferguson's arm was crooked at a 45-degree angle.

Talley noted one detective's testimony about how far the casing from the gun's projectile would go if it were fired the way the prosecution theorized. But Talley said it was found right next to the coffee table, which was consistent with his theory of an accidental shooting.

Talley also argued that home surveillance video also indicated there was no muzzle flash, which was also consistent with an accidental misfire. The bullet ripped through the victim's abdomen "slightly to the left" and exited the upper right of her back, which would match the angle of where the defendant said the gun misfired, Talley argued.

Talley said there's no evidence his client was angry, but he said he was attempting to make peace and end the conflict.

"We still believe in Jeff Ferguson," Talley said. "We believe he is not guilty and there will be an appeal in this case."