LOS ANGELES — A mistrial was declared Monday in the case of an Orange County, California, judge charged with murder in the 2023 shooting of his wife.
Jurors were deadlocked 11-1 in favor of convicting Orange County Superior Court Judge Jeffrey Ferguson, who testified that he accidentally shot and killed his wife, officials said.
Orange County District Attorney Todd Spitzer said the hung jury was a victory.
“Eleven-to-one for guilty is a phenomenal success,” he told reporters.
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“We are absolutely prepared to retry this case,” he said at the news conference.
He said in a statement that members of his office would be meeting with the victim’s family to make a decision in the coming weeks.
Ferguson, now 74, was arrested by Anaheim police after officers responded to a shooting at the couple’s home on Aug. 3, 2023.
Sheryl Ferguson, 65, was pronounced dead at the scene.
Jeffrey Ferguson shot her in the chest with a .40-caliber Glock handgun while he was intoxicated, prosecutors said in court documents.
The couple had been arguing at a dinner with his son that evening, and Jeffrey Ferguson had pointed his finger at this wife in the motion of a gun, officials said.
They continued arguing at their home later, and Sheryl Ferguson said, “why don’t you point a real gun at me?” Jeffrey Ferguson pulled the Glock from an ankle holster and shot her, prosecutors said.
The son called 911 and reported the shooting. Jeffrey Ferguson also called 911 and said his wife had been shot. In a text to the court clerk and a bailiff, he wrote “I just lost it. I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” prosecutors said.
Ferguson testified at trial that he did not intend to kill his wife.
“I didn’t mean to kill her,” he said. “It was an accident.”
His attorney, Cameron J. Talley, told jurors that Jeffrey Ferguson meant to place the gun on a table, fumbled with the weapon and fired it by accident.
Jeffrey Ferguson has been a superior court judge since 2015, and before that, he was a deputy district attorney with the Orange County District Attorney’s Office for more than 30 years.
Ferguson was charged with one count of murder with two enhancements that would increase the possible sentence if he’d been convicted.