Ex-OC judge convicted of killing wife sentenced to 35 years to life

SANTA ANA, Calif. - Orange County Superior Court Judge Jeffrey Ferguson was sentenced Wednesday to 35 years to life in prison after his second-degree murder conviction for shooting his wife following an hours-long argument.

The 74-year-old Ferguson was convicted in April of killing 65-year-old Sheryl Ferguson on Aug. 3, 2023, at their Anaheim Hills home. Jurors also found true a sentence-enhancing gun allegation.

What we know:

Ferguson's conviction came after a previous jury deadlocked 11-1 in favor of a second-degree murder conviction, prompting the retrial. A mistrial in the first trial was declared March 10. Opening statements in the next trial were held April 14.

Los Angeles Superior Court Judge Eleanor Hunter -- who was brought in to oversee the case because of Ferguson's position on the Orange County bench -- denied a defense motion for a new trial on Wednesday before handing down the prison sentence. Defense attorneys Frances Prizzia and Cameron Talley had argued for a new trial, contending he received ineffective assistance of counsel based on the judge rushing to hold a retrial in just under a month, leaving them unprepared.

Talley said he had two other cases ready for trial besides Ferguson's. One ended in a plea deal, but he argued he was prepared to try the other until Orange County Superior Court Judge Terri Flynn-Peister barred him from doing so, saying he could not answer ready on two cases.

Talley called it a "strange" ruling that left him unprepared for the Ferguson retrial. Hunter refused to grant Talley a continuance despite his claims he didn't have a medical expert available to testify about the defendant's bum shoulder, which he argued led to an accidental shooting. He also did not have an expert available on the gunfire and had not lined up a "second chair" attorney to assist him.

Prizzia argued that her client should get a new trial because Hunter denied a delay in the retrial so an expert witness, forensic psychologist Lisa Grajewski, could be available to testify as she did in the first trial.

That led to defense attorneys having to rely on a "last-minute expert," Prizzia said.

"The court's ruling that the defense could only present evidence by one firearms expert prevented the defense from presenting crucial evidence supporting its theory that the shooting was accidental rather than an intentional act or one committed with malice," Prizzia said.

New details emerge in retrial

Dig deeper:

The defendant's son, Phillip Ferguson, was "balling his eyes out" after the verdict. Phillip Ferguson was there for the shooting and a key witness in the trials.

Phillip Ferguson struggled through his testimony in the retrial, as he did in the first trial. That opened up a chance for prosecutors to admit more of the video of police questioning the son as evidence in the retrial.

Jeffrey Ferguson claimed the shooting was accidental, insisting the gun discharged when he fumbled while trying to set the weapon on a coffee table. He said his shoulder, which is missing three of four tendons, gave out while he was handling the weapon and it discharged.

Senior Deputy District Attorney Seton Hunt, who has since left the office for another job as a prosecutor in another county, called the judge's story "ludicrous," noting that the Glock handgun that Ferguson carried in an ankle holster required 5 pounds of pressure on the trigger to discharge, and was specifically designed not to fire when dropped.

Hunt also noted that Ferguson never mentioned his injured shoulder or an accidental discharge to police the night of the shooting.

Ferguson, who conceded having an alcohol problem, was drinking throughout the day and began arguing with his wife when he got home. Sheryl Ferguson became angry when she realized the judge's son from a previous marriage, Kevin, had not sent a thank you note as promised for money the couple gave him for childcare for his daughter.

Her anger was exacerbated by the knowledge that Ferguson was not Kevin's biological father — a fact that only publicly emerged during the retrial. The family learned of it in 2019.

Talley noted that the judge posted a photo of his wife on his Facebook page before the shooting. And the two had made plans to buy a home in Texas to be closer to their son, who was attending his final semester at Southern Methodist University. He also advised his wife to buy some lottery tickets that morning.

The backstory:

On Thursday, Aug. 3, 2023, Anaheim Police Department officers were called to a home in the 8500 block of E. Canyon Vista Drive following reports of a shooting just after 8 p.m.

Arriving officers located 65-year-old Sheryl Ferguson suffering from at least one gunshot wound, and she was pronounced dead at the scene.

Her husband, Judge Jeff Ferguson, was arrested in connection with the homicide investigation. He was placed in custody but was released the following afternoon when he posted bond. 

In the early stages of the investigation, officials said they were concerned that Ferguson's .22 rifle had yet to be accounted for. However, police recovered 47 other weapons and more than 26,000 rounds of ammunition while searching the home during the execution of a search warrant. 

In the bail motion, Deputy District Attorney Christopher Alex said the former judge shot his wife "through the chest in the living room of their home in Anaheim," also alleging he "loaded a .40 pistol that he pulled from his ankle holster. He shot her at close range. He did so while intoxicated. His adult son witnessed the homicide." 

The altercation reportedly began earlier that night while the couple was having dinner at a nearby restaurant, Alex said.

Investigators said it was the couple's son who alerted authorities of the shooting. A short time later, the judge sent a text message to his court clerk and bailiff that read, "I just lost it. I just shot my wife. I won't be in tomorrow. I will be in custody. I'm so sorry."

Judge Ferguson served at the North Justice Center in Fullerton and served as a judge in Orange County Superior Court since 2015.

The OC DA's officer charged him with one felony count of murder, one felony enhancement of personal use of a firearm, and one felony enhancement of discharge of a firearm causing great bodily injury or death. 

His $1 million bail was later revoked after prosecutors said he violated the terms of his release by drinking alcohol.