SANTA ANA — The case of a Southern California judge charged with murder for fatally shooting his wife ended in a mistrial Monday after a jury was unable to reach a unanimous verdict.

Los Angeles Superior Court Judge Eleanor J. Hunter declared the mistrial in the case against now 74-year-old Orange County Superior Court Judge Jeffrey Ferguson. Eleven of the 12 jurors had wanted to declare Ferguson guilty of second-degree murder, and prosecutors said they are prepared to retry the case.

Prosecutors said during trial that Ferguson shot his wife Sheryl with a handgun in 2023 while the couple was watching television at their home in Anaheim Hills after they had argued. Ferguson did not deny shooting his wife and testified that it was an accident.

Hunter, who presided over Ferguson’s case to avoid a conflict of interest, scheduled a hearing Thursday on how to proceed.

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District Attorney Vows to Seek Justice

Orange County District Attorney Todd Spitzer said his office would review the case and speak with Sheryl Ferguson’s family members before taking its next steps. The jury had begun deliberations more than a week ago.

“Eleven to one is a success in the world in which we operate,” Spitzer told reporters. “She died in cold blood, and we’re going to get justice to the best of our ability.”

The judge’s attorney, Cameron Talley, said Monday said he hopes 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,” Talley told reporters, adding Ferguson’s life has already been destroyed and he is still saddened by the loss of his wife.

Family Members Express Mixed Feelings

Larry Rosen, Sheryl Ferguson’s brother, told reporters he was pleased with the outcome and doesn’t believe the killing was murder. He said he and his brothers feel the shooting was an accident, and he would like for prosecutors to reach a deal with Ferguson.

“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.”

The case had roiled the legal community in Orange County, home to 3 million people, between Los Angeles and San Diego.

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Details of the Incident Emerge

During the trial, prosecutors said Ferguson had been drinking before he made a gun-like hand gesture toward his wife of 27 years during an argument about family finances while at a restaurant on Aug. 3, 2023. They said he later pulled out a gun when she chided him to do so after they returned home to watch “Breaking Bad” along with their adult son Phillip.

Ferguson acknowledged firing the shot but called it an accident. He said he was removing the gun from an ankle holster where he always carried it but fumbled it when he tried to place it on a table.

The case was heard in a courtroom about 10 miles (16 kilometers) from where Ferguson presided over criminal cases as a judge and included extensive video footage of Ferguson talking to police outside his home after the shooting and once he was in custody. He was seen on video sobbing and saying his son and everyone would hate him.

Immediately after the shooting, Ferguson and his son both called 911, and Ferguson texted his court clerk and bailiff saying, “I just lost it. I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” according to a copy of a text message shown to jurors.

Authorities said they found 47 weapons, including the gun used in the shooting, and more than 26,000 rounds of ammunition at Ferguson’s home, and added the long-time former prosecutor had ample experience and training in firearms and in handling criminal cases involving gun violence.

Ferguson became a judge in 2015 but isn’t currently presiding over a courtroom as the state’s constitution bars a judge who faces a felony charge from hearing cases. He began his legal career in the district attorney’s office in 1983 and went on to work narcotics cases, winning various awards.

The Orange County district attorney’s office will create a process to review cases decided by Ferguson at the request of defendants because during his trial testimony, the judge acknowledged drinking alcohol during his lunch break before returning to work, Spitzer said. He said Ferguson handled criminal arraignments in a courthouse in Fullerton.