A mistrial has been declared in the case of Southern California Judge Jeffrey Ferguson who was accused of fatally shooting his wife in 2023 after more than a week of deliberations.
A Los Angeles Superior Court made the ruling Monday when one of the twelve jurors did not find that Ferguson was guilty of murdering his wife, Sheryl Ferguson, and forced the jury into an 11-1 deadlock, according to reports.
Orange County District Attorney Todd Spitzer said prosecutors are “prepared to retry” the case.
“Eleven-to-one for guilty is a phenomenal success,” Spitzer said.
Members of Spitzer’s office are planning to meet with Sheryl Ferguson’s family in the near future to decide on a course of action.
“She died in cold blood, and we’re going to get justice to the best of our ability,” he said.
Jeffrey Ferguson’s attorney, Cameron Talley, said he hopes prosecutors will not pursue a retrial given the judge’s age and thinks “the evidence shows there was never any intent to intentionally kill anybody.”
Sheryl Ferguson’s brother, Larry Rosen, was pleased with the ruling, telling reporters Monday that he believes the shooting was an accident.
“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.”
Ferguson, 74, is accused of shooting his wife of 27 years at their Anaheim Hills home in Orange County on Aug. 3, 2023.
The couple had been out to dinner and drinking with his adult son, Phillip Ferguson, from a prior marriage, where they began arguing. Sheryl, 65, was upset about the lack of gratitude his son showed toward them for the financial support the couple provided him.
After returning to their Anaheim Hills home in Orange County, the couple continued to argue while watching the hit crime series “Breaking Bad.”
His wife then dared him to point a gun at her during the heated exchange. Ferguson then pulled a loaded gun from his ankle holster and fatally shot his wife while their adult son looked on, prosecutors said.
The judge and Phillip both called 911, but Ferguson also texted his court clerk and bailiff immediately after the shooting.
“I just lost it. I just shot my wife,” he said. “I won’t be in tomorrow. I will be in custody. I’m so sorry,”
The judge then told responding officers — who said he reeked of alcohol when they arrived at the scene — that he “can’t believe I did this.”
Investigators discovered 47 weapons — including the pistol allegedly used in the shooting — and more than 26,000 rounds of ammunition inside the couple’s home.
He was taken into custody and freed a day later after posting a $1 million bail, but was later jailed for violating his parole by drinking. He was released again on $2 million bail.
Ferguson said during the trial that “I didn’t mean to kill her” and “it was an accident.”
During their closing statements, prosecutors told the court Ferguson — who began his legal career in 1983 as an Orange County deputy district attorney — got drunk and, during the argument with his wife, used a concealed carry gun on him to shoot her.
“We’re not alleging he premeditated this crime,” Senior Deputy District Attorney Seton Hunt said. “Facts don’t support that but they do support that he intended to kill.”
Ferguson’s blood-alcohol level was .065 percent when it was taken several hours after he shot his wife, but an expert testified it was likely about .17 percent at the time of the shooting, Hunt said, according to NBC Los Angeles.
Ferguson also told the court he had two or three drinks after getting home from work several nights a week and replied “Yes” when asked by his attorney, Cameron J. Talley, if he kept alcohol by his desk because he was an alcoholic.
with Post wires
