Son's testimony raises questions in murder trial of OC judge

The prosecution's murder case against Orange County Superior Court Judge Jeffrey M. Ferguson faced challenges Thursday as the defendant's son testified that he didn't see his father "aim" the gun at his mother, contradicting elements of the state's premeditated murder theory.

Under cross-examination by defense counsel Cameron J. Talley, Phillip Ferguson provided testimony that potentially undermined the prosecution's contention that Ferguson, 72, deliberately aimed and fired the weapon at his wife, Sheryl Ferguson, on Aug. 3, 2023. People v. Ferguson, 23NF1975 (O.C. Super. Ct., led Aug. 11, 2023)

The testimony emerged during day two of the trial, where prosecutors have charged Ferguson with first-degree murder, discharge of a firearm causing death, and personal use of a firearm in the commission of a crime. The charges stem from an incident at the family's Anaheim Hills residence following a domestic dispute.

While the son acknowledged telling investigating officers he heard his mother say, "Point a real gun at me," prior to the discharge of the firearm, his in-court testimony presented a more nuanced account of the events.

Under cross examination, the son acknowledged that he had turned away and was moving toward a sliding glass door when the shooting occurred.

"When you heard the gun go off, what was next thing you did?" Talley asked.

"Next thing I did was I jumped over the edge of the couch to get the gun from my dad," Ferguson responded.

Defense attorney Kaveh Newman indicated experts would testify regarding ballistics and psychological factors, specifically addressing what he termed the witness' "haze" during the incident.

"After Philip's testimony, we are feeling very good about our theory of the case," Newman said.

The prosecution, led by Orange County Senior Deputy District Attorney Seton B. Hunt, has presented evidence that the decedent's final words were, "Why don't you use a real gun?" before Ferguson allegedly retrieved a .40 caliber Glock model 27 from an ankle holster.

The state contends this sequence demonstrates premeditation rather than the "tragic accident" characterized by the defense.

Text messages sent by the defendant to his court clerk immediately following the incident stating, "I just lost it... I won't be in tomorrow. I will be in custody," and subsequent statements to responding officers may present challenges for the defense's accident theory.

However, the defense team has reserved opening statements, suggesting a potentially strategic approach to contextualizing this evidence.

Once the younger Ferguson concluded his testimony, prosecutors called several members of the Anaheim Police Department from patrol to detectives as well as forensic experts who responded to the scene that fateful night to testify about the crime scene and what they found.

The trial continues before Los Angeles County Judge Eleanor J. Hunter at the Central Justice Center in Santa Ana.