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The Mistrial was declared Monday at the murder trial of an Orange County Judge accused of shooting his wife at the couple’s Anaheim Hills home.
The ry umpire split the 11-1 in favor of a second-degree murder conviction shortly after reopening deliberations Monday morning. The ju judge may have convicted 74-year-old Jeffrey Ferguson of second-degree murder or involuntary manslaughter if he had not acquitted him.
The deliberations began on February 26th at the trial of Ferguson, and were charged with the death of his 65-year-old wife, Cheryl, on August 3, 2023.
Near the end of last Monday’s deliberations, the ju apprentices showed they were stuck on second-degree murder charges. The ju judge was able to discuss both charges during the deliberation, but must first be acquitted of second-degree murder before voting for an unwilling manslaughter charge.
As deliberations extended to a new week, the ju apprentices showed they were at a dead end, but continued their efforts to reach a decision. Los Angeles Superior Court Judge Eleanor Hunter said Thursday afternoon as a ju umpire and a ju umpire to see how many votes they cast, and the prequel said several.
The Hunter asked them to go back to deliberation and discuss it.
Earlier on Friday, Left told the judge that he oversaw the “weary” lawsuit.
“Justice falls in the hands of 12 strangers who are taken from everyday life, weighing the evidence and given the immeasurable responsibility to determine guilt and innocence,” said Orange County District Attorney Todd Spitzer. “We are disappointed with the outcome, but we will review the questions presented by the ju apprentice in order to determine with the facts in order to make a decision in the coming weeks regarding this case.
A hearing sets a new trial date is scheduled for Thursday.
“The hanging ju umpire is not a failure,” defense attorney Cameron Tully said outside court. “The hanging ju umpire is part of the process, and it has succeeded in its own way.
“The surprise was that the ju umpire had been there for so long. We never put a ju umpire over the weekend. But I think it’s proof of how hard this ju umpire worked.”
During the final discussion, the prosecutor’s lawyers tried to convince the ju judge that Ferguson was upset after a dispute with his wife at the restaurant. When the two returned home, Ferguson pulled out a gun and killed his wife in a tragic series of events that guaranteed a murder conviction, prosecutors said.
“You’re being presented with evidence – reliable evidence – he took out the gun, he was mad,” Seton Hunt told ju referees Wednesday. “He took out the gun and pointed at her to kill her.”
The defense attorney argued that the shooting was a coincidence.
“No, not at all. It was an accident,” Ferguson said when Talley asked if he was planning to shoot his wife.
Ferguson and his son Philip went to the El Choro Mexican restaurant earlier that day, but Sheryl Ferguson left after her husband mimicked a hand gesture during the discussion. Later at home, Philip Ferguson said his mother “would you like to point a real gun at me?”
Calling it the most reliable explanation of the shooting, Hunt later performed a video of his son who told police, “I’ll turn around and pull out the gun and aim her and set the fire.”
Hunt called for the judge’s account – he groped with a glock pulled from the ankle holster and accidentally discharged from the hospital as he tried to put it on a messy coffee table – “Silly.”
Philip Ferguson said his mother’s last words were “he shot me.”
Hunt suggested that Ferguson could go upstairs and put away the gun.
“I might have done a lot,” Ferguson said.
Ferguson’s blood alcohol concentration was .065% when measured seven hours after the shooting, Hunt said. Experts testified that it is likely about .17% of driving at the time of shooting, or nearly twice the legal limit for driving, Hunt noted.
At a press conference after the court case, Spitzer said he plans to consider some of Ferguson’s cases. Ferguson, who has been on trial for nine years by an Orange County judge, testified that he may have had several drinks at lunchtime and may be drunk during the hearing.
Tully challenged the prosecutor’s debate, stating it was due to misunderstandings about how guns work. Talley pointed out how Hunt mentioned loading bullets into guns during the tests that weapons use magazines. Tully also stated the bullet pathway as the pathologist in the case testified disproves the legal theory that Ferguson’s arm is bent at a 45-degree angle.
Tully pointed to one detective’s testimony about how far the casing from the gun projectile would go if the prosecutor was fired in the theorized way. However, Talley said he was found right next to the coffee table. This was consistent with the theory of accidental shooting.
Tully also claimed that the home surveillance video also showed no flashes at the muzzle. The bullet fractured the victim’s abdomen “slightly to the left” and left the upper right side of his back.
Talley said there was no evidence that his client was angry, but he said he was trying to create peace and end the conflict.
“He’s not mad,” he said. “Where did this drunken anger come from?”
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