A California judge who allegedly pulled a gun from his ankle holster and fatally shot his wife will have his day in court.
Opening statements are slated for Wednesday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson in the August 2023 killing of his wife, Cheryl Ferguson. The trial is taking place in Santa Ana, just 12 miles (19 kilometers) from the courthouse where Ferguson used to preside over criminal cases.
Prosecutors allege Ferguson shot his wife in their Anaheim Hills home after he had been drinking alcohol and the two were arguing. Ferguson and his adult son 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 prosecutors’ court filings. Authorities said they later found 47 weapons, including the gun, and more than 26,000 rounds of ammunition at his home.
Ferguson, 74, has pleaded not guilty, and his lawyer contends the shooting was an accident. Defense attorney Cameron J. Talley said Ferguson was putting away his gun when it accidentally went off. Talley said the judge plans to testify during his trial.
“It was not an intentional shooting and it wasn't a negligent shooting. It's just an accident,” Talley said. “He didn't just suddenly decide with his kid present in the room he was going to murder his wife. Honestly, I think the jury is going to acquit him. I think they're going to find it was an accident.”
A spokesperson for the Orange County District Attorney's office declined to comment ahead of opening statements.
The case against the long-time judge and former prosecutor rocked the legal community in Orange County, which is home to 3 million people between Los Angeles and San Diego. A Los Angeles County judge is presiding over Ferguson's case to avoid a conflict of interest, but his trial has been moved back to Orange County so he can face a jury of his peers in a trial that attorneys expect could take several weeks.
After the shooting, Ferguson was arrested and initially released on $1 million bail. He was taken back into custody last year after Judge Eleanor J. Hunter contended that he had lied about drinking alcohol while out on bond, which would violate the terms of his release. Ferguson got out of jail again in October — this time on $2 million bail.
Ferguson is an elected judge in Orange County, but he is not currently hearing cases and his name is no longer listed on the superior court's website. Under the state's constitution, a judge who faces a felony charge can continue to draw a salary but can't hear cases.
Ferguson has been a judge for a decade. He began his legal career in the Orange County district attorney’s office in 1983 and went on to work narcotics cases, for which he won various awards, and served as president of the North Orange County Bar Association from 2012 to 2014.
Ferguson 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.
Ferguson said on his Facebook page that 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.
