Orange County Superior Court Judge Jeffrey Ferguson. Photo / AP
Orange County Superior Court Judge Jeffrey Ferguson. Photo / AP
A Southern California judge has denied murdering his wife during an argument while he was drunk, with his lawyer calling it an “accidental shooting”.
Orange County Superior Court Judge Jeffrey Ferguson has been ordered to surrender his passport, submit to searches and wear monitoring devices for blood alcohol content andGPS as part of bail conditions sought by prosecutors. Ferguson, who is free on bail of US$1 million (NZ$1.6m), is also barred from possessing firearms and alcohol and frequenting places such as bars and liquor stores.
After the hearing, his lawyers told reporters the long-time judge and former prosecutor was confident a jury would agree with him that no crime was committed.
“This was an unintentional, accidental shooting and not a crime,” attorney Paul Meyer said.
Ferguson, 72, was arrested on August 3 at his home in the upscale neighbourhood of Anaheim Hills, southeast of Los Angeles, after police found his wife, Sheryl Ferguson, shot to death. Prosecutors said the couple had been arguing and the judge was drinking when he pulled a pistol from an ankle holster and shot her in the chest. Ferguson and the couple’s adult son called 911, and Ferguson texted his court clerk and bailiff to say he had shot his wife.
He texted: “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 a court filing.
Prosecutors argued the new bail conditions would protect public safety and ensure Ferguson does not flee after authorities found 47 weapons, including the pistol used in the shooting, and more than 26,000 rounds of ammunition at his home. They say the weapons are legally owned but a rifle registered in his name is still missing.
Ferguson was charged with one count of murder and weapons-related enhancements. His next hearing is set for October 30.
Jeffrey Ferguson, right, has been a judge in Southern California since 2015. Photo / AP
Larry Rosen, Sheryl Ferguson’s brother, said after Tuesday’s hearing that it was “hell” when Ferguson looked at him in the courtroom.
“My sister was a wonderful person, very caring, very selfless,” Rosen said. “The family is absolutely in shock.”
Rosen declined to discuss Ferguson’s lawyers’ claims that the shooting was an accident and said he would defer to the police and prosecutors.
Rosen said his sister helped take care of him since he was still a minor when their mother died. She was an active member of her community, participating in Boy Scouts and activities with her son.
“It’s a tragedy for me. I can’t even fathom what he [the son] is going through right now,” Rosen said.
The arrest shocked the Southern California legal community and officials have been grappling with how the case should be handled. The district attorney’s office in Orange County – a cluster of cities that are collectively home to more than 3m people – asked state officials to weigh in on whether there was a conflict before charging Ferguson last week.
Authorities seized 47 weapons and 26,000 rounds of ammunition from Judge Ferguson's home in Anaheim Hills, Orange County. Photo / AP
Ferguson has been a judge since 2015. He started his legal career in the Orange County district attorney’s office in 1983 and worked on narcotics cases, for which he won various awards. He served as president of the North Orange County Bar Association from 2012 to 2014.
In 2017, Ferguson was admonished by the Commission on Judicial Performance 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 travelled throughout Asia as a child. He went on to attend college and law school in California. He and his wife were married in 1996.
