Orange County judge drank daily, was functioning alcoholic, lawyer tells jury

Orange County Superior Court Judge Jeffrey M. Ferguson, accused of murder for shooting and killing his wife, testified Monday afternoon that he regularly carried his firearm while drinking alcohol and had been doing so for a number of years.

"I've been carrying a gun for so long it's like wearing a watch," Ferguson said. "You just forget that you're wearing it."

Ferguson's testimony came after his defense attorney Cameron J. Talley told the jury his client is considered a functioning alcoholic who drank daily.

Prosecutors have charged Ferguson, 74, 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 the shooting of Ferguson's wife in 2023, which Ferguson's defense maintains was accidental. People v. Ferguson, 23NF1975 (O.C. Super. Ct., filed Aug. 11, 2023)

"The evidence is going to show in this case that on August 3rd of 2023 Jeffrey Ferguson shot and killed his wife with a .40 caliber Glock 27 handgun," Talley told the jury in an opening statement before Ferguson took the stand Monday. "The evidence is going to show that it was an accidental discharge."

Talley explained that his client, while attempting to remove the gun he routinely carried in an ankle holster to place it on a table, fumbled the weapon. When he reached to catch it, the gun discharged, he added.

Talley painted a picture of an old man who loved his wife but drank daily and kept booze in his office, which created problems in the marriage. He also informed the jury that financially supporting his eldest child from a previous marriage was a source of conflict in the couple's marriage, as the 37-year-old appeared unappreciative of the support they provided.

Ferguson testified that an argument with his wife prior to the shooting started because his eldest son, Kevin, hadn't sent a thank you note for the $2,000 gift they had given him.

Ferguson was weepy during pretrial proceedings, emotions that Los Angeles Superior Court Judge Eleanor J. Hunter, who is presiding over the case, warned wouldn't be allowed in front of the jury.

"He's got to keep control of himself," she said before he took the stand Tuesday.

Ferguson kept his composure during direct examination.

Under cross-examination, Orange County Senior Deputy District Attorney Seton B. Hunt asked Ferguson, who claims he has such medical conditions that he couldn't lift a firearm and aim it, "why would you even carry a gun if you can't shoot it?"

"I can shoot it," Ferguson said. "I just use both hands."

How many times have you fired that Glock? Hunt asked.

"Five times every couple of years to qualify," he said. "Then, every now and then, I might shoot it at the range with friends."

Ferguson testified that he last fired the Glock in 2022.

Cross-examination is expected to resume Tuesday.