Orange County judge takes stand again, tries to explain text confession in wife's shooting

Orange County Superior Court Judge Jeffrey M. Ferguson took the witness stand Thursday for a second time since he fatally shot his wife. A key part of the defense's strategy is having Ferguson address troubling evidence --most notably, a seemingly incriminating text he sent his courtroom bailiff just minutes after the shooting.

"I just lost it. I just shot my wife. I won't be in tomorrow. I'll be in custody. I'm so sorry," Ferguson texted Deputy Sheriff Mario Magliano.

"What did you mean I just lost it?" defense attorney Cameron J. Talley asked.

"I don't know what it means," the judge replied. "I don't use my thumbs when I text so I'm not sure what I meant."

Talley continued with questions that were repetitive in nature, frustrating his own client. As his testimony persisted, Los Angeles County Superior Court Judge Eleanor J. Hunter, who is presiding over the case in Santa Ana, intervened.

"OK, Mr. Talley, by the witness's statement even he said this line of questioning is repetitive so I'm stopping you here," Hunter said.

Ferguson, 74, is accused of killing his wife, Sheryl Ferguson, on Aug. 3, 2023, after a drunken argument over money and conflicts involving his adult son from a previous marriage.

He faces three felony charges: second-degree murder, discharge of a firearm resulting in death, and use of a firearm during the commission of a felony. Ferguson claims the weapon discharged accidentally. The first trial ended in a hung jury last month. People v. Ferguson, 23NF1975, (O.C. Super. Ct., filed Aug. 11, 2023).

During the retrial that began Monday, witnesses have testified that Ferguson had been drinking throughout the day of the shooting -- starting with alcohol at lunch, then beer and rum-based cocktails after returning home around 3 p.m.

Jurors also heard that Ferguson, a longtime concealed carry permit holder, routinely wore an ankle holster. Though aware that the permit prohibits handling firearms while intoxicated, he admitted to intentionally removing the loaded gun from the holster.

Under cross-examination Thursday afternoon by Deputy District Attorney Seton Hunt, Ferguson admitted he intentionally removed the loaded weapon, fully aware it contained live ammunition. Pressed on why he didn't choose safer alternatives -- like removing the holster or pointing the gun elsewhere -- he cited physical limitations and room clutter as obstacles.

"When did you first start carrying a gun in an ankle holster?" Hunt asked Ferguson.

"I decided to get an ankle holster almost immediately when I first started carrying a firearm," Ferguson replied.

"When was that?" Hunt asked.

"It's probably around 1985," he replied.

"Why did you want an ankle holster?" Hunt asked.

"Since I spent a lot of time in court and walking around, I chose to have the ankle holster because it prevents the firearm from being visible through clothing," Ferguson testified. "It's concealed under my coat. I didn't want to alarm people by having a visible weapon."

"When it's on my ankle, it's not immediately visible or likely to be seen. And if I take my coat off, I didn't want to worry about it," he continued.

"Weren't you a [deputy] district attorney at the time?" Hunt inquired.

"Yeah."

"You were a district attorney in 1985, and you walked into court as a DA with a gun?" Hunt asked. "Do you believe DAs can just walk into courtrooms wearing guns?"

"Yes, I was once ordered to do that," Ferguson responded.

"Who ordered you to do that?" Hunt asked.

"Judge David O. Carter when he was a state judge," Ferguson responded. "I was assigned to the courtroom during felony penalty days."

Carter, now a U.S. district judge for the Central District of California, was unavailable for comment.

Hunt's cross-examination of Ferguson is expected to resume Friday.

Thursday morning, Deputy Sheriff Magliano confirmed regularly having lunch and drinks with Ferguson but became evasive when asked if Ferguson wore a Glock 27 on his ankle during their outings.

"I assumed," Magliano said. "I never asked."

"Did you ever report that to your supervisor or the presiding judge?" Hunt asked.

"I didn't know there was anything wrong with doing that," the deputy replied.