Mistrial declared in Judge Jeffrey Ferguson murder case

After 42 hours of deliberations, and more than a dozen notes to the judge, the jury in Orange County Judge Jeffrey Ferguson's murder trial said Monday that they were hopelessly deadlocked.

The outcoming was expected. One juror appeared to struggle last week with key definitions of the elements required for conviction. A poll of the jury determined that the other 11 would have voted for conviction.

Los Angeles County Judge Eleanor J. Hunter, who has presided over the trial in Santa Ana, quickly declared a mistrial after the jury told her around 11 a.m. that they were again at an impasse. Hunter noted that jurors had conscientiously considered the evidence but could not reach the unanimous verdict required by law.

Ferguson, 74, was charged with second-degree murder in the fatal shooting of his wife, Sheryl Ferguson, in August 2023.

The jury sent out more than a dozen notes and twice last week told Hunter they were at an impasse. But despite supplemental oral arguments and further deliberation time, the panel remained deadlocked on the critical elements required for conviction.

The jury's deliberations centered on two critical legal questions: the definition of an "unlawful act" for the purpose of involuntary manslaughter, and whether "conscious disregard for life" was sufficient for a murder conviction.

Hunter provided clarification on both issues, defining an unlawful act simply as "any act which wasn't lawful" and reading the relevant statutory language regarding the mental state required for murder. Despite these clarifications, jurors remained divided on the application of these legal standards to the evidence presented at trial.

Sources close to the proceedings indicated the panel was particularly divided on Ferguson's intent and whether his actions constituted the mental state required for second-degree murder versus involuntary manslaughter. People v. Ferguson, 23NF1975, (O.C. Super. Ct., filed Aug. 11, 2023).

Senior Deputy District Attorney Seton B. Hunt presented a methodical case, focusing on Ferguson's experience as both a gun owner and legal professional.

The prosecution established a timeline of escalating tension on the evening of Aug. 3, 2023, including an incident at a restaurant where Ferguson allegedly made a threatening gesture that upset his wife.

Hunt highlighted Ferguson's text messages, including one to his bailiff that they said was self-incriminating. "I lost it. I shot her. I won't be in tomorrow. I'll be in custody," the judge wrote.

Forensic evidence played a pivotal role, with prosecutors arguing that the trajectory and circumstances of the shooting contradicted Ferguson's claim of an accidental discharge. The prosecution also stressed that Ferguson had been carrying his Glock model 27 while intoxicated, in violation of California law.

Defense attorney Cameron Talley maintained that the shooting was accidental, arguing that Ferguson, who testified to having missing tendons in his right shoulder, fumbled the gun while placing it on a coffee table. Talley emphasized the upward trajectory of the bullet as corroborating evidence of Ferguson's account.

The defense also highlighted Ferguson's lack of prior domestic violence incidents, questioning the probability that he would suddenly commit such an act without precedent.

Talley told reporters after the mistrial that the case exemplified reasonable doubt in its purest form. He maintained that the physical evidence aligned with an accidental discharge rather than an intentional act.

The shooting occurred following what Ferguson described as a drunken argument over financial matters and conflicts involving his adult son from a previous marriage. Ferguson admitted during testimony that he had been drinking heavily that day and was carrying his firearm while intoxicated. During testimony, Ferguson acknowledged a pattern of alcohol consumption during lunch breaks throughout his tenure on the bench. Defense counsel characterized him as a "functioning alcoholic" during proceedings, suggesting regular impairment that nonetheless did not prevent the performance of his duties.

Orange County District Attorney Todd Spitzer told a news conference outside of court that his office would review every case over which Ferguson presided. And he sought to frame the mistrial in positive terms.

"Quite frankly, today is a victory for the Orange County District Attorney's Office. 11 to 1 for guilty is a phenomenal success," he said. "Our prosecution team proved this case beyond a reasonable doubt to 11, and there was obviously one holdout. That happens. I respect that juror. We respect the jury process. We're part of the system. We understand how the system works. But we're ready to retry it."

Hunter said a retrial could begin on April 7 or May 19. If convicted of second-degree murder, Ferguson would face 40 years to life in prison. He remains free on $2 million bail pending further proceedings.