Coronary heart-wrenching opening for trial of O.C. decide who fatally shot spouse

Sitting outdoors his Anaheim Hills dwelling together with his arms cuffed behind his again, Jeffrey Ferguson muttered and raged and sobbed. He bragged of previous glories, of placing outlaws behind bars, and lamented that his son would now hate him endlessly.

It was Aug. 3, 2023, and the 72-year-old Ferguson had simply shot his spouse after a night of heavy ingesting. They’d been within the household room, watching the ultimate season of “Breaking Dangerous,” and he had fired a single spherical from his Glock .40-caliber handgun in full view of their 22-year-old son, Phillip. The bullet had entered 65-year-old Sheryl Ferguson’s midsection, exited excessive on her again, handed by means of the chair behind her and lodged within the wall.

Now, Ferguson sat on a brief ledge outdoors whereas paramedics struggled — and failed — to avoid wasting her life. Officers emptied his pockets, and one in every of them requested: “What’s your occupation, sir?”

There was an extended pause, and Ferguson sighed earlier than answering.

“I’m a Superior Court docket decide.”

The trade, captured on the officer’s physique digital camera, was performed for jurors this week in Orange County Superior Court docket in Santa Ana, the place Ferguson, now 74, is standing trial on a cost of homicide. His protection attorneys haven’t disputed that Ferguson shot and killed his spouse, however contend it was unintended.

Ferguson, who was a longtime prosecutor earlier than he was a decide, had a concealed-carry allow and “huge expertise” with firearms, Orange County Deputy Dist. Atty. Seton Hunt advised jurors in his opening assertion Wednesday. Ferguson stored his Glock loaded in a velcro ankle holster and wore it in all places “except he was showering or sleeping,” Hunt stated.

On the time of the capturing, he stated, Ferguson had a blood-alcohol stage of .17, greater than twice the authorized driving restrict, after ingesting beer, rum and margaritas within the previous hours.

Prosecutor Seton Hunt advised jurors that Choose Jeffrey Ferguson had “huge expertise” with firearms and usually carried his Glock in a velcro ankle holster.

(Frederick M. Brown / Pool Picture by way of AP)

“I killed her. Women and gents of the jury, convict my ass. I did it,” Ferguson stated in a police interview room, in a video the prosecutor confirmed jurors. “I owe it to my son. … Convict me. … Ship me on my means.”

Phillip Ferguson, the son who witnessed the capturing, testified Wednesday that he had been attending Southern Methodist College in 2023, however was dwelling together with his dad and mom in Anaheim Hills that summer time.

He stated that he knew his dad and mom to argue, and generally get in shouting matches when his father drank, however that he didn’t recall them preventing a lot that summer time. Nor, he stated, had he ever witnessed his father commit violence in opposition to her earlier than.

However that evening, Phillip Ferguson testified, his dad and mom had been arguing heatedly about cash, a quarrel that began at dwelling and continued over dinner at El Cholo restaurant, the place his father pointed his index finger at her in imitation of a gun.

The argument flared once more after they all bought dwelling and watched “Breaking Dangerous” within the household room, and at one level he heard his mom say, “Why don’t you level an actual gun at me?”

Phillip Ferguson stated he turned and noticed his father lengthen a gun and shoot his mother.

“I hopped or climbed over the sting of the sofa and grabbed my father’s wrist to pin it to the bottom,” he testified. “As I used to be leaping over the sofa, I heard her say, ‘He shot me.’”

The son known as 911 and carried out chest compressions on his mom till paramedics arrived. He stated that he has stayed together with his father at times for the reason that capturing and that they’ve mended their relationship.

He stated that previous to the capturing, his father would take him to the firing vary and instruct him in gun security. He recalled his father’s classes: “At all times level the weapon in a protected course. By no means level your firearm at one thing that you don’t intend to destroy. And by no means put your finger on the set off except you plan to make use of the weapon.”

Los Angeles Superior Court docket Choose Eleanor Hunter is presiding over Ferguson’s homicide trial as a result of his fellow judges in Orange County Superior Court docket have recused themselves.

(Frederick M. Brown / Pool Picture by way of AP)

Ferguson’s protection attorneys waived their proper to a gap assertion, and it stays to be seen how they’ll make the case that the capturing was unintended. Doing so might require the defendant to testify. That will be dangerous, partly as a result of Los Angeles Superior Court docket Choose Eleanor Hunter, who’s presiding over the case as a result of Orange County judges have recused themselves, has warned Ferguson that he could also be cross-examined about his prior dealings along with her.

Final yr, Hunter dominated that Ferguson had consumed alcohol whereas awaiting trial — a violation of his bail circumstances — and had then lied about it. She derided his declare that his use of cortisol cream, not alcohol, had activated his ankle monitor, and she or he doubled his bail to $2 million.

“You lied throughout a previous listening to once you stated it was cortisol that set your bracelet off,” the decide advised him at a pretrial listening to this week. It was “revelant” and “ripe for cross-examination,” the decide stated.

Protection legal professional Cameron Talley stated such questioning can be “so extremely prejudicial it might require a mistrial.”

On the similar listening to, Talley revealed that Ferguson nonetheless had the chair with the bullet gap and stored it in his lounge, a proven fact that appeared to startle the decide.

“In his lounge, nonetheless?” she requested.

“Sure, your honor,” Talley stated.

Ferguson, who had been presiding over a courtroom in Fullerton earlier than his arrest, continues to be paid his annual wage of greater than $220,000 plus advantages, however is not listening to circumstances.

Within the minutes after the capturing, as mirrored on video from the police officer’s physique digital camera, Ferguson sat outdoors his dwelling on Canyon Vista Drive, sobbing, chastising himself, and asking police repeatedly whether or not his spouse was useless.

“I owe it to my son. … Convict me. … Ship me on my means,” Ferguson advised police in a video shared with jurors in his homicide trial.

(Damian Dovarganes / Related Press)

“I by no means in my wildest goals thought I’d be sitting right here in entrance of my home in handcuffs,” he stated.

An officer requested how lengthy he had been a decide.

“9 years,” Ferguson stated.

And earlier than that?

“I used to be a deputy district legal professional for 32 motherf— years,” the decide stated. He bragged about prosecuting members of the Mexican Mafia, a jail gang; and of the Vagos motorbike gang.

“And right here I’m now, like them, in any case this,” he stated. “My son is gonna hate me. … My son.”

Greater than half an hour after the capturing, an officer knowledgeable Ferguson that his spouse was useless. Ferguson stated he needed his son to punch him within the face.

“I deserve it. … What’s he gonna do now?” he stated.

Earlier than he was led to the squad automobile, Ferguson had one other thought for police.

“You guys had been a bit late getting right here, by the best way,” he stated. “Not that that’s your fault.”

Testimony is anticipated to proceed Monday.