An Orange County judge accused within the taking pictures dying of his spouse within the couple’s Anaheim Hills house was convicted Tuesday of second-degree homicide at his retrial in Santa Ana.
Jurors started deliberations Monday afternoon and returned with the responsible verdict about 24 hours later towards Jeffrey Ferguson, 74, within the Aug. 3, 2023 taking pictures dying of his spouse Sheryl, 65, on the couple’s Anaheim Hills house.
After the decision was learn, Ferguson turned, eliminated his coat and hugged his son within the courtroom earlier than he was handcuffed and brought into custody by Orange County Sheriff’s Division deputies.
Orange County District Legal professional Todd Spitzer mentioned he has recognized Decide Ferguson, his spouse and son Phillip for many years. At a information convention outdoors the courtroom, he commented on Ferguson’s interplay together with his son after the decision was introduced by the courtroom clerk.
“Throughout that second, I used to be sitting very, very shut,” Spitzer mentioned. “It wasn’t a hug. It was Phillip’s full embrace as tight as one might embrace one other particular person.”
Spitzer mentioned Ferguson’s ultimate phrases to his son earlier than he was taken into custody have been, “Be sturdy.”
Jurors additionally discovered true a sentence-enhancing gun allegation, opening Ferguson to a potential jail time period of 40 years to life. Sentencing was scheduled for June 13.
“There aren’t any winners right here,” Spitzer mentioned. “Justice was achieved, however I am very unhappy for the Ferguson household.”
A mistrial was declared within the first trial when the jury break up 11-1 in favor of a responsible verdict on a second-degree homicide cost. Jurors might have convicted Ferguson of second-degree homicide or involuntary manslaughter, if they didn’t acquit him.
Deliberations started Feb. 26 within the first Ferguson trial, however after greater than per week of deliberations, jurors couldn’t come to a unanimous determination.
Attorneys for the prosecution tried to persuade jurors that Ferguson was upset following a dispute together with his spouse at a restaurant. When the 2 have been again house, Ferguson took out his gun and killed his spouse in a tragic chain of occasions that warrant a homicide conviction, prosecutors mentioned.
“She died in chilly blood with a single gunshot wound proper within the middle mast into her chest and she or he succumbed to these accidents,” Sprtizer mentioned. “Her son overwhelmingly and passionately did the whole lot he might to save lots of his mom’s life whereas Jeff Ferguson went outdoors to textual content his bailiff.”
Protection attorneys argued the taking pictures was unintended. In an interview with NBCLA at his Anaheim Hills house after the mistrial, Ferguson mentioned he was relieved and dissatisfied on the identical time when the jury was unable to achieve a unanimous verdict.
“Within the rely – the 11 to 1. That was type of a blow to my feelings, however I don’t have another selection however to maintain going ahead,” Ferguson mentioned.
On the day of the taking pictures, the Fergusons and their son Phillip went to El Cholo Mexican restaurant, however Sheryl Ferguson left after her husband made a hand gesture mimicking a gun throughout an argument, in keeping with testimony. Later at their house, Phillip Ferguson mentioned he heard his mom say one thing to the impact of, “Why do not you level an actual gun at me?”
Calling it probably the most dependable account of the taking pictures, prosecutors performed video of the son later telling police, “I circled and he pulls out a gun and goals at her and fires.”
In response to those that declare the killing was intentional, Ferguson insisted it was an accident. He mentioned that he fumbled with the Glock pulled from an ankle holster and it unintentionally discharged when he tried to position it on a cluttered espresso desk.
“I’m not getting away with something as a result of I misplaced her, and she or he misplaced her life,” he instructed NBCLA.
Ferguson’s blood-alcohol degree was .065 p.c when it was measured seven hours after the taking pictures, prosecutors mentioned. An knowledgeable testified it was seemingly about .17 p.c, or practically twice the authorized restrict for driving, on the time of the taking pictures.
At a information convention after the courtroom continuing, Orange County District Legal professional Todd Spitzer mentioned he plans to assessment a few of Ferguson’s circumstances. Ferguson, who has been a decide in Orange County for 9 years, testified that he typically had a number of drinks throughout lunch and should have been intoxicated throughout hearings over which he was presiding.
Protection legal professional Cameron Talley challenged the prosecution’s argument by saying it stems from a misunderstanding of how weapons work. Talley famous how Senior Deputy District Legal professional Seton Hunt referred to loading bullets within the gun throughout the trial when the weapon makes use of magazines. Talley additionally mentioned the pathway of the bullet, because the pathologist within the case testified, disproves any authorized principle that Ferguson’s arm was crooked at a 45-degree angle.
Talley famous one detective’s testimony about how far the casing from the gun’s projectile would go if it have been fired the way in which the prosecution theorized. However Talley mentioned it was discovered proper subsequent to the espresso desk, which was constant together with his principle of an unintended taking pictures.
Talley additionally argued that house surveillance video additionally indicated there was no muzzle flash, which was additionally in keeping with an unintended misfire. The bullet ripped by way of the sufferer’s stomach “barely to the left” and exited the higher proper of her again, which might match the angle of the place the defendant mentioned the gun misfired, Talley argued.
Talley mentioned there is not any proof his shopper was offended, however he mentioned he was trying to make peace and finish the battle.
“We nonetheless imagine in Jeff Ferguson,” Talley mentioned. “We imagine he isn’t responsible and there will probably be an enchantment on this case.”
