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. A prosecutor said 11 of the 12 jurors had wanted to declare Ferguson guilty of second-degree murder, adding his office will review the case and is prepared to retry it.
Hunter, who presided over Ferguson’s case to avoid a conflict of interest, scheduled a hearing Thursday in her Los Angeles courtroom on how to proceed.
Prosecutors said at trial earlier 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 at trial, Ferguson did not deny shooting her, but said it was an accident.
The judge’s attorney, Cameron Talley, said Monday 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, home to 3 million people, between Los Angeles and San Diego.
Orange County District Attorney Todd Spitzer noted that all but one juror believed Ferguson was guilty of second-degree murder. He said his office, in addition to reviewing the case, would speak with Sheryl Ferguson’s family members and is prepared to retry it.
“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.”
Larry Rosen, Sheryl Ferguson’s brother, told reporters he was pleased with the outcome of the trial 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.”
At trial earlier, 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. 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 use and in handling criminal cases involving gun violence.
Ferguson became a judge in 2015. He’s not currently presiding over a courtroom as the state’s constitution bars a judge who faces a felony charge from hearing cases.
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 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.
