Prosecutors say OC judge shot and killed wife during argument; defense says it was an accident

SANTA ANA, Calif. (KABC) -- An Orange County Superior Court judge had been arguing with his wife when he shot and killed her in their Anaheim Hills home in 2023, a prosecutor told jurors Wednesday.

Jeffrey Ferguson, 74, is charged with murder with sentencing enhancements for discharge of a gun causing death and the personal use of a gun. He's accused of killing his wife, Sheryl, on Aug. 3, 2023.

On day two of the trial, jurors only heard from prosecutors.

What degree of murder jurors will get to consider will depend on how the evidence rolls out during the trial. Senior Deputy District Attorney Seton Hunt indicated in court papers he would present a second-degree murder case to jurors, but it is unclear if Los Angeles Superior Court Eleanor Hunter, who is presiding over the trial in Santa Ana, will allow jurors to also consider manslaughter.

"Sheryl Ferguson's life was taken from her by a man who had vast experience on guns, had owned guns for many years," said Hunt.

Ferguson's defense attorneys chose to reserve their opening statements Wednesday, but told Eyewitness News their client regularly carried a Glock 27, .40 caliber, which does not have an external safety, holstered to his ankle.

"It was an accident in that he did not intend to shoot his wife that night, and the gun accidentally discharged," said defense attorney Cameron Talley.

Ferguson admitted on the day of the shooting to killing his wife, according to prosecutors.

He allegedly sent a text to his co-workers -- his bailiff and court clerk -- 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.''

In police body camera video shown in court Wednesday, Ferguson is heard apologizing to officers multiple times, crying and repeatedly making statements like, "I can't believe I did this." In video of the defendant taken while he was in custody, Ferguson is heard saying, "I killed her," then asked the jury to convict him.

Suspect had "heated argument" with wife before killing, prosecutors say

According to Hunt, when Jeffrey Ferguson got home at about 3:30 p.m. the day of the shooting, he had a beer and a rum and coke.

He then went to the El Cholo restaurant in Anaheim Hills with his wife and their son, then-22-year-old Phillip, and drank margaritas, Hunt said.

"They got into a heated argument about finances and lifestyle choices,'' Hunt said during Wednesday's opening argument.

The couple sparred about Ferguson's 37-year-old son, Kevin, from his first marriage, who was still depending on his father financially, Hunt said.

Ferguson and Sheryl had been together for about 20 years, Hunt said.

"They had that argument about finances, about Kevin, about purchases he wanted to make,'' Hunt said. At one point during the dinner, Ferguson mimicked a gun with his hand and pointed at her, Hunt said.

Sheryl left the restaurant to cool off and Phillip confronted his father before joining his mother outside as well, Hunt said. Eventually, the two came back to the table and they went home, the prosecutor added.

Phillip asked his father why the two don't divorce, and his father said he couldn't afford it, Hunt said.

Phillip, a Southern Methodist University student who was home for the summer, was in the habit of joining the couple for TV-watching evenings and the three were watching an episode of "Breaking Bad'' as the argument continued, the prosecutor added.

"Sheryl tells the defendant to shut up,'' Hunt said.

Phillip, a history buff, allegedly got up and turned his back on them as he picked up a replica sword from his collection. The two continued to argue about him making the gun gesture at her. At some point she said something to the effect of why not point a real gun at her, the prosecutor said.

When Phillip heard the gunshot he leaped over the couch to tackle his father and retrieve the gun, Hunt said.

"Sheryl's last words were, 'He shot me,''' according to the prosecutor. The defendant told his son to call 911, Hunt said.

The prosecutor played a 911 call to dispatchers who coached the distressed, at times hyperventilating Phillip through chest compressions on the victim as her breathing faded.

Dispatcher: "Is she conscious awake?"

Phillip: "Mom can you hear me? I don't think so. I can't tell."

The defendant went out to the front of the house to wait for police and paramedics while his son aided his mother. Jurors saw body-worn camera of Ferguson frequently cursing and making self-deprecating remarks while also crying and asking several times whether his wife was going to make it.

Hunt said an expert is expected to testify that Ferguson's blood-alcohol level was .17 at the time, which is more than twice the limit for driving. Seven hours after the killing his blood-alcohol level was .065, Hunt said.

Ferguson also called 911, but when he was asked if he shot his wife he said, "I don't want to talk about it right now.''

He told Officer Michael Lee as he arrived on scene, "I did it and shoot me,'' Lee testified.

Ferguson is seen on the bodyworn camera lamenting often about his son.

"The world is going to hate me,'' he said. "My son will now hate me.'' Later, he added to himself, "Phillip, I'm so sorry.''

He told the officers, "My son will hate me for the rest of his life.''

He also asked one of the officers to get his son, so he could "hit me in the face. I deserve it.''

Ferguson was ordered in August 2023 not to consume alcohol, and to wear a GPS device and an alcohol monitoring device as a condition of being freed on $1 million bail.

Hunter subsequently doubled his $1 million bail last Sept. 24 after prosecutors argued that he had consumed alcohol that triggered his ankle monitor -- in violation of the terms of his release -- and he was taken into custody Sept. 24 in a downtown Los Angeles courtroom.

Hunter said the defendant had been warned not to consume any alcohol and had agreed to that provision in connection with his release on $1 million bail, noting that someone "died at the hands of Mr. Ferguson'' and that "alcohol was involved.''

Hunter noted that Ferguson had signed a declaration under the penalty of perjury that he had nothing to drink, but Hunter concluded that he was "not truthful to the court'' about his alcohol consumption.

"I have not consumed alcohol for over a year, and I did not consume any alcohol on Aug. 28 and Aug. 29, 2024,'' Ferguson wrote in court papers.

The judge warned Ferguson at the hearing last September that she was not going to accept a "ridiculous story'' about his ankle-monitoring system being triggered by the use of cortizone anti-itch cream and hand sanitizer gel as the defense had argued.

Ferguson was subsequently released from a Los Angeles County jail last Oct. 25 on $2 million bond after spending about a month behind bars.

City News Service, Inc. contributed to this report.