Jury begins deliberations in retrial of O.C. judge charged with killing wife

As the uxoricide case against Orange County Judge Jeffrey M. Ferguson neared its conclusion Monday, prosecutors called it a straightforward act of rage over a wounded ego, while the defense argued it was so complex that even the state couldn't settle on a clear theory.

Deputy District Attorney Seton Hunt urged jurors to focus on what may be the most damning evidence against Ferguson: a text he sent to his courtroom deputy just minutes after killing his wife on Aug. 3, 2023. "I just lost it. I just shot my wife. I won't be in tomorrow. I'll be in custody. I'm so sorry," the text read.

"We all know what, 'I lost it,' means: She challenged his manhood, and he lost his temper, shot his wife and his son even had to wrestle the gun from his hand. He couldn't even describe what he meant in his text when he was on the stand," Hunt said to the jury. "This is not a particularly difficult case. It's not a mystery or sophisticated crime."

Defense attorney Cameron J. Talley countered that the shooting was a tragic accident, pointing to testimony that Ferguson had difficulty handling his firearm one-handed due to injuries.

"Prosecutors said this is a simple case of murder. If this case is so simple, why can't the government make up their mind on whether or not this is implied or express malice," Talley asked the jury. "This isn't a simple case, it's a complicated case."

Both sides wrapped closing arguments in the afternoon, and the jury began its deliberations around 1:30.

Ferguson 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. If convicted, he could face 40 years to life in prison. A first trial ended last month with a hung jury, 11-1 for conviction. Before the start of the retrial last week, Ferguson, now 74, rejected a plea offer that would have required prison time. People v. Ferguson, 23NF1975, (O.C. Super. Ct., filed Aug. 11, 2023).

Ferguson testified in both trials that his concealed Glock 27 accidentally fired as he removed it from his ankle holster and tried to place it on a cluttered table in their Anaheim Hills home.

In closing statements, Hunt pointed to evidence contradicting Ferguson's account, including blood alcohol levels of .13 and .25 hours after the shooting. He also noted shifts in Ferguson's testimony between trials and accused him of lying to shape the narrative.

Talley urged jurors to consider the inconsistencies in other witnesses' testimony, particularly from Ferguson's son Phillip, who was present at the shooting and gave differing accounts of what he saw that night.

"Much of what Phillip said was a non-issue," Talley said.

During both proceedings, Los Angeles County Superior Court Judge Eleanor J. Hunter, who is presiding over the case in Santa Ana, repeatedly admonished Ferguson for attempting to control courtroom proceedings, displaying emotional behavior she deemed calculated to influence the jury and even admonishing his entourage to stop them from discussing this case within the walls of the courthouse because they were talking about it near jurors.

The case has revealed troubling details about Ferguson's conduct as a judge, including testimony from his courtroom bailiff, Deputy Sheriff Mario Magliano, who confirmed that Ferguson regularly drank alcohol at lunch and carried a concealed weapon while on duty.

The Orange County District Attorney's Office has launched an investigation into cases Ferguson may have handled while impaired.

Ferguson's credibility was further challenged when he testified about the night of the shooting, claiming his gun accidentally discharged while being placed on a cluttered table. When shown crime scene photos that contradicted his description of the table's contents, Ferguson maintained he was being truthful.

Family drama has also featured prominently in the trial, with testimony revealing that the Ferguson family discovered six years ago that Ferguson's older son Kevin wasn't his biological child -- a revelation that allegedly sparked years of tension between the judge and his wife.