
The jury trial for Judge Jeffrey Ferguson, accused of shooting his wife to death in their home, will take place in his home court in Orange County, the Los Angeles judge presiding over the case ruled on Friday.
Los Angeles County Superior Court Judge Eleanor J. Hunter confirmed the transfer on Friday and will continue overseeing the case from the Santa Ana Courthouse. "With vicinage, the judge is entitled to Orange County jurors," said Ferguson's attorney, Cameron J. Talley of Newport Beach. He and Kaveh Newmen, whose office is in Santa Ana, filed the successful motion to bring the case back to Orange County.
The decision had been expected since Ferguson's arrest in 2023, even though his fellow judges in Orange County recused themselves and the matter was moved to Los Angeles. "I'd expect the case to be tried in Orange County," his then-attorney John D. Barnett said at the time. "I don't expect jurors to be bused to L.A. Traditionally a judge travels from the neighboring county to the county of venue."
Ferguson's trial is scheduled to begin on Feb. 18, with jury selection commencing that day or on the 19th.
"The fact it's going so quickly is something Judge Ferguson is happy about," Talley said.
"Under the law -- absent a change of venue motion -- the case is supposed to have jurors from the victimized jurisdiction. The defendant is entitled to jurors of his peers," former Los Angeles County District Attorney Steve Cooley said in September 2023 when asked to comment on the arrangements.
"Orange County jurors are tougher than L.A. County jurors," Cooley continued. "But people in Orange County have a sense of who he is, and they might like him."
Ferguson was elected to the bench in June 2014 with 62.8% of the vote and won re-election without opposition in 2020. His current term ends on Jan. 4, 2027. He graduated from UC Irvine and Western State University College of Law.
"This was a tragic accident," Talley said Friday after the court hearing. "He has been grieving the death of his wife and their plans to move to Dallas, Texas where they bought a retirement home. He is looking forward to being in court. I am confident he will be acquitted and vindicated."
Ferguson is charged with first degree murder, discharge of a firearm causing death and personally using a firearm in the commission of a crime. He is a former deputy district attorney and supervised a criminal arraignment calendar in Orange County at the time of the shooting. People v. Ferguson, 23NF1975 (O.C. Super. Ct., led Aug. 11, 2023).
A detailed notice written by Orange County Deputy District Attorney Christopher A. Alex stated that Ferguson and his wife got into an argument during a night out.
Ferguson had pointed at his wife, Sheryl, in the restaurant with a hand gesture as if to shoot her, the notice stated. It laid out the following allegations: As they argued back at home, she said, "Why don't you point a real gun at me?' He reached for his Glock .40 from his ankle holster and shot her in the chest. She died at the scene in the presence of their son. The filing says that Ferguson repeatedly made statements to the responding officers that he "fucked up," and asked them to shoot him.
Ferguson is still drawing a salary. The California Constitution says that a judge is disqualified from acting as a judge without loss of salary when charged with a felony under state or federal law.
Orange County Presiding Judge Maria D. Hernandez took away Ferguson's calendar following his arrest and requested that his murder case be heard by a Los Angeles County judge. But he was free on bond.
He was remanded into custody in September after Hunter determined that he violated his $1 million bail agreement by consuming alcohol.
Ferguson claimed that an alcohol-monitoring bracelet he was wearing produced a false positive after he applied hand sanitizer and cortisone cream to his leg. However, an analyst for SCRAM Systems, the company that manufactures the monitoring device, testified that alcohol consumption had been detected in late August, when Ferguson had lunch with two unidentified judges.
He posted a $2 million bond to be released from custody.
Antoine Abou-Diwan
antoine_abou-diwan@dailyjournal.com
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