An Orange County Superior Court judge accused of fatally shooting his wife in their Anaheim home was engaged in a long- smoldering argument with his spouse and was trying to remove and set aside his ankle-holstered gun -- at his wife's request -- when it accidentally discharged, the jurist's attorney told jurors Monday.
Jeffrey Ferguson, 74, is charged with murder with sentencing enhancements for discharge of a gun causing death and the personal use of a gun for the Aug. 3, 2023, death of his 65-year-old wife, Sheryl.
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Senior Deputy District Attorney Seton Hunt said in his opening statement of the trial earlier that the defendant intentionally shot his wife with a gun he almost always carried in an ankle holster after she said something to the effect of "Why don't you point a real gun at me?"
Ferguson's attorney, Cameron Talley, said in his opening statement Monday that the shooting was "without question an accident, an accidental discharge." He said Ferguson carried a weapon because he was a veteran gang prosecutor who handled major cases against the Mexican Mafia, and he used the ankle holster "to keep it available like millions of other Americans."
Talley said the couple had known each other for 30 years and were married for 27.
"They loved each other" and there was never any domestic violence in their relationship, he told the jury, while acknowledging, "Like so many marriages they still loved each other when they had issues."
One major issue was Ferguson's drinking problem.
"The biggest issue was Jeffrey Ferguson was an alcoholic and like many alcoholics he lived in denial," Talley said. "He drank every day."
Ferguson had bought a new car for his wife a couple weeks before the shooting and the couple were discussing and planning a move to a condo in Texas, where their son, Phillip, was then near graduation from Southern Methodist University.
Another source of tension was Ferguson's continued financial support for his son, Kevin, from a previous marriage. Sheryl Ferguson was upset the then-37-year-old son did not show more gratitude for the help.
"Sheryl felt Jeff gave too much money to Kevin and he wasn't appreciative enough," Talley said.
On the day of the shooting, Ferguson got home and downed a couple of drinks, Talley said. His wife was angry that Kevin Ferguson had failed to send a thank you card to his father, Talley said.
As the couple and their son went out to a local Mexican restaurant, El Cholo, they continued the dispute as the defendant ordered margaritas for himself, Talley said.
At some point during the argument Ferguson made a gun gesture with his hand as he had done many times before, but it was not done in a menacing or threatening way, Talley said.
It was done more to express "you got me, touché, you win," according to Talley.
Sheryl Ferguson, however, was embarrassed that other restaurant patrons saw the gesture, and she stormed out of the eatery for a time before returning, Talley said. The three went home and were watching the TV series "Breaking Bad," but the two continued arguing, and at some point the victim made the comment about pointing a real gun at her.
Ferguson, who was "a little drunk," heard the remark differently, Talley said.
"What he heard is why don't you put that gun away," Talley said.
"He's looking at her, and it's not registering," because she has never expressed concern about his guns before, Talley said.
"He thinks, OK, whatever makes peace," Talley said.
So Ferguson, who weighed about 100 pounds more at the time and had difficulty complying due to his girth, struggled to unholster the gun and place it on a 16-inch-high table, Talley said.
"He managed to get it out," Talley said.
But as he reached out to place it on the table, the judge's bad shoulder "gives way," because he has lost three of four tendons there, Talley said.
"He fumbles with the gun, leans forward" to get control of it and then, "Bang. That gun goes bang. And it's loud."
The attorney insisted that Ferguson "wasn't angry" when the shooting occurred.
After the shot went off, Phillip Ferguson tackled his father, and the defendant asked him to call 911, Talley said.
Jeffrey Ferguson left his son, who was an Eagle Scout, to tend to his mother while the defendant went out front to help police access the scene faster and allow for paramedics to care for his wife more quickly, Talley said. Given his experience as a prosecutor and judge, Ferguson figured it would take a lot more time for first responders to clear the scene if he remained in the house.
While he anxiously waited for police and firefighters, Ferguson sent a text message to his clerk and bailiff saying he had shot his wife and would not be in court the next day, Talley said. But he didn't say he would never be back to work because he thought he could sort everything out eventually, Talley said.
Jurors heard a tape of Ferguson impatiently asking how much longer it would be until first responders arrived.
The emotional Ferguson is later seen sobbing and cursing himself repeatedly during the police questioning. During the trial he has looked down as crime scene photos were shown and he has cried softly.
Los Angeles County Superior Court Judge Eleanor Hunter, who is presiding over the trial in Santa Ana due to all of the Orange County judges declaring a conflict, asked Talley before the lunch break to advise his client to better manage his feelings when he testifies.
"I'm not going to let him cry on the stand," Hunter said, adding she will excuse the jury until he manages to get a handle on his emotions.
"He's got to control himself," Hunter said.
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