After mistrial, Orange County judge charged with murder has a new trial date set
An Orange County judge charged with murdering his wife will face a jury once again with a new trial date set following a mistrial earlier this week, his attorney said Thursday.
Jeffrey Ferguson, 74, fatally shot his wife on the evening of Aug. 3, 2023, something his defense attorneys have described as a tragic accident while prosecutors allege he intentionally shot her to death following a night of drinking and arguments between the couple. While Ferguson admitted to arguing with Sheryl Ferguson, 65, that night, he testified during his trial that the gun accidentally misfired when he fumbled it while trying to place it onto a coffee table at their Anaheim Hills home.
Prosecutors argued Ferguson was guilty of second-degree murder while the defense alleged he was neither guilty of that charge nor involuntary manslaughter. After nine days of deliberations, jurors could not reach a verdict and Los Angeles Superior Court Judge Eleanor J. Hunter declared a mistrial.
Jurors were split 11-1, with all except one juror wanting to convict him of second-degree murder. Ferguson remains free on $2 million bail.
On Thursday, a hearing was held in the case and Ferguson's new trial date was set for April 7, his attorney Cameron Talley said.
Following the mistrial earlier this week, Orange County District Attorney Todd Spitzer told reporters his office was looking to retry the case, particularly given the majority of jurors believed Ferguson was guilty of second-degree murder. The former judge had maintained that a shoulder injury caused him to fumble the firearm as he went to pull it out of his ankle holster. He had testified that his wife asked him to put the gun away, and his attorneys said he was trying to make peace with his wife.
Senior Deputy District Attorney Seton Hunt called the explanation "ridiculous" as he argued the deadly shooting was intentional.
"You have been presented with evidence — credible evidence — he took out the gun, he was angry," Senior Deputy District Attorney Seton Hunt said during the trial. "He took the gun out, pointed at her and killed her."
Talley argued his client never meant to shoot his wife and was handling the gun safely, saying it misfired when Ferguson fumbled it. Since he claims Ferguson was not handling the gun recklessly, Talley argued he was not guilty of involuntary manslaughter either since that charge would require a lawful act done in an illegal way — resulting in death due to criminal negligence.
Following the mistrial earlier this week, he said Ferguson "wasn't jubilant or elated" and "still pretty sad."
"Obviously, he lost his wife and so his life is still sort of ruined, and he still has another potential trial to field ahead," Talley said.
Larry Rosen, Sheryl Ferguson's brother, told reporters during a news conference after trial that their family did not believe Ferguson was guilty of murder and was somewhat relieved there was a mistrial, saying "we are all in agreement that it is involuntary — that it was something that happened accidentally."
Ferguson assumed office as a judge for the Superior Court of Orange County in 2015 after working as a prosecutor in the Orange County District Attorney's Office for more than 30 years. Given the 74-year-old has said he is an alcoholic, drinking daily even while on the bench, DA Spitzer said cases under his oversight will now have to be reviewed.
Defendants in past cases overseen by Ferguson will have the option of seeking a review.
"It's going to really be up to the individual when the notices go out for his cases," Spitzer said. "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."
