A mistrial has been declared in the 2023 murder case of an Orange County judge who is accused of shooting and killing his wife, the Associated Press confirmed.
A judge declared a mistrial on Monday after a jury was unable to reach a unanimous verdict in the case against Superior Court Judge Jeffrey Ferguson, 74, who was charged with shooting and killing his wife Sheryl Ferguson in their Anaheim Hills home in August 2023.
The jury deliberated for more than 40 hours over eight days before determining they were unable to break the 11-1 stalemate on a second-degree murder charge, the outlet reported.
Prosecutors told the AP that they are planning to retry the case.
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Judge Ferguson’s lawyer says it was an “accidental shooting.” (AP Photo/Damian Dovarganes, Pool)
Orange County District Attorney Todd Spitzer shared a statement with Fox News Digital on the mistrial being declared and said they were disappointed with the outcome but will continue to review what information the jury was presented with.
“Justice rests in the hands of 12 strangers who were taken from their everyday lives and given the immense responsibility to weigh the evidence and determine guilt or innocence,” Spitzer said.
“Although we are disappointed with the outcome, we will be reviewing the questions presented by the jury along with the facts as well as meeting with the victim’s family in order to make a decision in the coming weeks regarding this case. The District Attorney has always been available to meet with the victim’s family should that be something they request.”
The shooting happened after Ferguson and his wife had an argument at a restaurant, when the two returned home and continued the argument before he pulled a pistol from his ankle holster and shot her in the chest, according to prosecutors.
The couple’s adult son claimed that his father was drunk at the time of the argument.
Ferguson, who was a prosecutor before he became a judge in 2015, was initially released on $1 million bail but is now back in jail after he allegedly lied about drinking alcohol while awaiting trial.
Orange County Superior Court Judge Jeffrey Ferguson, 72, was on trial for the fatal shooting of his wife at their home. (Anaheim Police Department)
Ferguson has pleaded not guilty, but prosecutors said he confessed to the killing when texting with his court clerk and bailiff.
“I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” Ferguson allegedly wrote.
Prosecutors say Ferguson was drinking and shot her on purpose during the argument, while Ferguson claims the gun went off accidentally as he removed it from its holster.
Authorities found 47 weapons and over 26,000 rounds of ammunition in the home, which are legally owned.
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Prosecutors say Ferguson was drinking and shot her on purpose during the argument, while Ferguson claims the gun went off accidentally as he removed it from its holster. (AP Photo/Damian Dovarganes, Larry Rosen via AP)
The judge’s attorney told the outlet that he is hopeful there might be an agreement with prosecutors due to Ferguson’s age and the support he’s received from his wife’s brother and the couple’s son.
“I do think the evidence shows there was never any intent to intentionally kill anybody,” Cameron Talley told reporters, adding Ferguson’s life has already been destroyed, and he is still saddened by the loss of his wife.
Larry Rosen, Sheryl Ferguson’s brother, told reporters he was pleased with the outcome and doesn’t believe the killing was murder, adding he and his brothers feel the shooting was an accident, and he would like prosecutors to reach a deal with Ferguson.
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“To me, it shows the jury, at least to some degree, is as conflicted as I am,” Rosen said. “I just don’t think murder is the right call. . I really don’t.”
A hearing to set a new trial date is scheduled for Thursday.
Fox News Digital’s Landon Mion and the Associated Press contributed to this report.
Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com