Jurors tasked with deciding the fate of an Orange County Superior Court judge who shot and killed his wife at their Anaheim Hills home reported reaching an impasse late Monday, March 3, but were ordered to resume deliberations on Tuesday morning.
The Orange County Superior Court jury will likely hear additional arguments by attorneys on Tuesday as they seek to decide whether Judge Jeffrey Ferguson is guilty of second-degree murder, a lesser charge of involuntary manslaughter or not guilty of any criminal charges.
The jury foreperson reported late Monday that after deliberating for more than three days they were split on second-degree murder. The jury would have to agree that Ferguson is not guilty of second-degree murder before deciding whether he committed involuntary manslaughter. The judge presiding over Ferguson’s murder trial did not ask the jury exactly how many of them are on either side of the split.
The prosecution alleges that Ferguson purposely fired the gunshot that killed his wife — Sheryl Ferguson — during a heated argument on Aug. 2, 2023 at their home. Ferguson testified that he accidentally fired the gunshot, leading his attorney to ask the jurors to acquit Ferguson of any criminal charges.
Both sides agree that an argument over finances between the couple began in the afternoon, continued while they had dinner with their then 22-year-old son at a restaurant and after they returned home to watch some of the final episodes of the television show “Breaking Bad.”
At one point that evening, Judge Ferguson admitted making a “finger-gun” motion as his wife. By the time the couple and their son were home watching television, Ferguson acknowledged that he was drunk.
The couple’s adult son testified to hearing his mother say something like “Why don’t you use a real gun?” to his father, an apparent reference to the finger gun motion earlier in the evening. Ferguson testified that his wife actually said something like “Why don’t you put the real gun away from me?” before making her own “finger gun” motion and adding “Pshew! Pshew!” founds to apparently mimic gunfire.
Senior Deputy District Attorney Seton Hunt told jurors that Ferguson immediately pulled a gun from his ankle holster and shot his wife. Ferguson’s attorney, Cameron Talley, countered by arguing that Ferguson was trying to place the firearm on a coffee table when his bad shoulder gave out and his finger slipped onto the trigger, inadvertently firing the fatal gunshot.
Minutes after the shooting, Ferguson texted courthouse employees: “I just lost it. I shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry.”
Jurors were also shown more than an hour of recorded, seemingly incriminating statements Ferguson made while handcuffed outside his home and at the Anaheim Police station.
The defense disagreed with the prosecution describing Ferguson’s text and statements as an effective confession. Talley pointed out that at no point did Ferguson tell police that he meant to shoot his wife.
If jurors are unable to reach a verdict, the Los Angeles County Superior Court judge presiding over the case would have to declare a mistrial and set up a potential retrial. The jury is scheduled to return to the Santa Ana courtroom on Tuesday morning.