Southern California judge who killed his wife sentenced to 35 years to life for murder

Los Angeles Superior Court Judge Eleanor J. Hunter, who presided over the case to avoid a conflict of interest in Orange County, said the evidence against Ferguson was “absolutely overwhelming” including a text message he sent to court staff immediately after the shooting saying “I just lost it” and video recordings of him speaking extensively while in custody.

Hunter said she would shave five years off the maximum potential sentence of 40 years to life due to Ferguson’s lack of a criminal record and support from Sheryl Ferguson’s family members, among other factors, but that Ferguson had repeatedly shown he doesn’t believe the rules apply to him by drinking while carrying a weapon — even while he was out on bond even though he was barred from doing so.

“Mr. Ferguson believes the rules just do not apply to him,” Hunter said.

Ferguson, 74, has claimed the 2023 shooting was accidental, but District Attorney Todd Spitzer said the evidence showed it was “cold-blooded murder.”

“He most likely, with this sentence, will never see freedom as a result of his age,” Spitzer told reporters after the hearing.

In court, Ferguson said he loved his wife and was looking forward to spending his life with her and their family.

“I understand the jury’s verdict but it was a horrific accident,” Ferguson said, his voice cracking. “I have enormous grief not for myself alone but for my son, Phillip, and Sheryl's brothers.”

Prosecutors said the longtime judge and former criminal prosecutor pulled a gun from his ankle holster in August 2023 and fired the fatal shot after he had been drinking and arguing with Sheryl over family finances at a restaurant and later while watching “Breaking Bad” in their Anaheim Hills home.

The case roiled the legal community in Orange County where many have known or worked with Ferguson for decades, including Spitzer. The county is home to 3 million people between Los Angeles and San Diego.

During the sentencing hearing, Sheryl’s brother, Larry Rosen, and other relatives asked the judge for leniency. Rosen said he believes the shooting was an accident and worries about Ferguson’s adult son, Phillip.

“My nephew has lost his mom and you are going to take away his dad,” Rosen said, sobbing. “I understand there is culpability but I don’t think it is to the level that’s been raised here.”

In March, an initial jury deadlocked on the case and Hunter declared a mistrial. In April, a second jury convicted Ferguson of second-degree murder and the gun enhancements.

During the trial, prosecutors said Ferguson had been drinking before he made a gun-like hand gesture toward his wife of 27 years while arguing with her at a Mexican restaurant on Aug. 3, 2023. Prosecutors said the quarrel continued at home while the couple was watching TV with Phillip, and Sheryl Ferguson challenged her husband to point a real gun at her. He did, then pulled the trigger, prosecutors said.

Ferguson, who had experience and training in firearms, testified that he was removing the gun from his ankle holster to place it on a table cluttered with other items when he fumbled it due to an injured shoulder, and it went off.

Immediately after the shooting, Ferguson and his son 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.

Ferguson spoke with police outside his home and while in custody. In video shown at trial, he was seen sobbing and saying his son and everyone would hate him, and pleading for a jury to convict him.

After Ferguson’s arrest, authorities said they found 47 weapons, including the gun used in the shooting, and more than 26,000 rounds of ammunition at his home.

Ferguson began his legal career in the district attorney’s office in 1983 and went on to work on narcotics cases, winning various awards. He became a judge in 2015 and presided over criminal cases in the Orange County city of Fullerton, about 10 miles (16 kilometers) from the court where he was sentenced.