SANTA ANA, Calif. (AP) — A Southern California judge charged with the murder of his wife took the stand Monday to testify in his own defense, telling the courtroom he accidentally shot her with the gun he carried in an ankle holster.
Orange County Superior Court Judge Jeffrey Ferguson, 74, told a packed courtroom that he and his wife, Sheryl, had been arguing about the lack of gratitude she felt his adult son from a prior marriage showed about financial support the couple had provided. Ferguson, who has pleaded not guilty, said he never intended to kill her.
“It was an accident,” he said.
Prosecutors said Ferguson had been drinking and the couple arguing when they went out to dinner on Aug. 3, 2023, to a Mexican restaurant with their adult son, Phillip. Prosecutor Seton Hunt said the arguing continued at home until Sheryl Ferguson chided her husband to point a real gun at her, after which he did and pulled the trigger.
Ferguson said he had two or three drinks after getting home from work several nights a week, and when asked by his attorney, Cameron J. Talley, if he kept alcohol by his desk because he was an alcoholic, Ferguson shrugged and said, “Yes.”
Ferguson was taken into custody, and in comments captured on a police video recording, pleaded for a jury to convict him.
“I killed her,” Ferguson is heard saying. “I did it.”
The case has roiled the legal community in Orange County, which is home to 3 million people between Los Angeles and San Diego. Ferguson testified about 10 miles (16 kilometers) away from where he previously presided over criminal cases.
Talley, in his opening statement, said his client was an alcoholic and had been drinking when he began removing a gun he always carried with him in an ankle holster and went to place it on a table. Talley said Ferguson fumbled the gun, then reached to grab it and it went off with a “bang.”
“He’s in shock,” Talley told jurors, and called the shot an “accidental discharge.” “It’s dreamlike to him, and it doesn’t help that he’s a little drunk.”
The trial has included extensive footage from cameras worn by police officers who arrived at the couple’s home in Anaheim Hills after the shooting. There is also video footage of Ferguson handcuffed at the police station following his arrest, in which he’s seen sobbing and saying his son and everyone would hate him.
Authorities said they found 47 weapons, including the gun from Ferguson’s ankle holster, and more than 26,000 rounds of ammunition at the home. Hunt said Ferguson had ample experience and training in operating firearms, and Phillip Ferguson testified that his father taught him firearm safety, including to always point a weapon in a safe direction.
Immediately after the shooting, Jeffrey 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 Hunt showed jurors.
Ferguson was released on $1 million bail in 2023 but re-arrested last year after Hunter found he had lied about drinking alcohol in violation of his bail conditions. Ferguson was later released on $2 million bail.
Ferguson has been an elected judge in Orange County for a decade but is not currently hearing cases. Under the state’s constitution, a judge who faces a felony charge can continue to draw a salary but can’t hear 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, and 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.
On his Facebook page, Ferguson said he grew up in a military family and traveled throughout Asia as a child. He attended college and law school in California and married his wife in 1996.
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