Orange County judge accused of fatally shooting his wife testifies that he accidentally shot her

Orange County Superior Judge Jeffrey Ferguson took the stand on Monday as the trial revolving around his wife's killing continued. He alleged that the gun accidentally discharged in the midst of an argument they were having back in August of 2023. 

Ferguson, now 74, is charged with murder with sentence enhancing allegations for discharge of a gun causing death and the personal use of a gun. On Monday, while testifying to the court he said it wasn't intentional. 

"It was an accident," Ferguson said. 

His attorney, Cameron Talley, echoed that during Monday's trial.

"The evidence is also going to show, without question, that it was an accident," he said. 

He said that the Aug. 3, 2023 argument was part of an ongoing discussion between he and his 65-year-old wife Sheryl, revolving around his son Kevin from a prior marriage. She was allegedly upset that he continued to financially aid his son, who failed to show adequate gratitude for the actions and develop a relationship with their son Phillip. 

 "What annoyed her was he didn't express his appreciation or gratitude," Ferguson testified. "Sheryl had hopes that Kevin and Phillip would have a stronger family bond... but Kevin never sent birthday cards to Phillip, or her or me... but he would ask us to send cards to his wife."

Ferguson said that he had recently sent $2,000 to Kevin, who promised to send a thank you card in return. Ten days later, when no such card had appeared in their mailbox, Sheryl expressed her disappointment, he said. 

Later that evening, Jeffrey, Sheryl and Phillip went to dinner at a Mexican restaurant where the argument continued. At the same time, Jeffrey had several drinks with dinner on top of a 16 oz. beer and a rum and soda that he drank before the meal, he told the court. 

When asked if he was an alcoholic, Ferguson said, "I don't think I thought so. I drank too much and was in denial so I suppose I was." He also said that he would drink three days of the week after work. 

While their bickering continued, Ferguson made a gun gesture with his hand towards his wife, he said. The action caused her to leave the restaurant. He said that he had made the gesture in the past as a way to say, "Okay, you win."

Ferguson said that she appeared to be embarrassed by the incident, glancing at the table next to them to see if they noticed. When Phillip asked his father why the two didn't get a divorce, he said he answered sarcastically, "Because I can't afford it."

She returned to the table a short time later, asking him to finish his drink so they could go home, he said. 

"I was talking to her, saying I'm sorry. I didn't mean to upset you and she said shut up," Ferguson recalled to the court, claiming he was trying to "defuse" the tension. "I just wanted to make nice and she said finish your margarita so we can go."

Sheryl drove them home, where they all watched episodes of "Breaking Bad" in the living room, the judge recalled. He said that he continued to try and make amends, but that she continued to tell him she didn't want to continue the conversation. Ferguson also claimed that she cursed at him once as she told him to shut up. 

Ferguson said that he though he heard his wife say, "Why don't you put that gun away from me," also acknowledging that he was feeling the effects of the alcohol he had consumed that evening. 

"I wanted to defuse it, so I said, 'Okay I'll get rid of it,'" he told the court. 

Earlier in the trial, Senior Deputy District Attorney Seton Hunt referred to this interaction during his opening statement. He said that he intentionally shot his wife with the gun he almost always carried in his ankle holster, after she said something along the lines of, "Why don't you point a real gun at me?"

Ferguson claims that in the moments after this, he attempted to pull the gun from his ankle holster to put it on a coffee table, which was cluttered. He said that he weighed about 285 pounds at the time which caused him to struggle to bend down. He attempted to place the gun in front of some books, extending his arm forward, which was difficult as he had lost three of the four tendons in his shoulder. 

"I was setting it down to the area behind the books," he said. "I reached out to send the gun down. ... I could not reach the table with my elbow bent ... My arm failed. I got a shooting pain and I reflexively grabbed it. I didn't want it to hit the floor. My finger must have hit the trigger."

He said that he doesn't remember her saying anything after she was struck by the gunfire, but their son testified that he heard her say, "He shot me."

Ferguson says that Phillip then tackled him, demanding that he let go of the gun, which he did. He says that he was concerned that he was unsure as to what had happened. 

"The first thing I said to him was, 'Don't shoot me,'" he said. "I figured he might shoot me because he saw his mother get shot. After that I said call 911."

Ferguson said that he also went outside to call 911, since his years of experience with law enforcement taught him that police would want to make sure the house is safe before entering. 

He also texted his clerk and bailiff, saying, "I just lost it. Just shot my wife. I won't be in tomorrow. I will be in custody. I'm so sorry."

Ferguson was taken into custody after police arrived. Video shown to the jury shows him inside of an interrogation room following the arrest, sometimes crying. "My son hates me forever," he can be heard saying. 

The defense said that he felt tremendous guilt in the wake of the incident, telling the detectives that he deserved the death penalty. However, they maintain that he wasn't legally guilty. 

"He said, 'I didn't mean to kill her,'" Talley told jurors. "That's what the evidence will prove in this case."

Ferguson is expected back in court on Tuesday where he will continue to give his testimony. The Los Angeles County judge presiding over the case to avoid any conflict of interest said that the jury will be excused if Ferguson begins to cry while on the stand.

Cameras are not allowed to record witness testimonials.