The Associated Press confirmed that a false hearing was declared in the 2023 murder of an Orange County judge accused of shooting and killing his wife.
The judge declared a false report Monday after a ju judge failed to reach a unanimous verdict against Jeffrey Ferguson, 74, who was accused of shooting and killing his wife, Cheryl Ferguson at his Anaheim Hills home in August 2023.
The ju judges deliberated over eight days for more than 40 hours and determined that they could not break the 11-1 deadlock on second-degree murder, the outlet reported.
Prosecutors told the Associated Press that they plan to retry the lawsuit.
A California judge who allegedly killed his wife continues to receive a salary of around $250,000
Judge Ferguson's lawyers say it was an “accidental shooting.” (AP photo/Damiando Burgergen, pool)
Orange County District Attorney Todd Spitzer shared a statement declared Fox News Digital and said he was disappointed with the outcome but would continue to review the information presented by the ju judges.
“Justice falls under the hands of 12 strangers, taken from everyday life, given the immense responsibility of weighing the evidence and determining guilt and innocence,” Spitzer said.
“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.
The shooting comes after Ferguson and his wife had an argument in a restaurant, and the two went home and continued their argument after he pulled a pistol out of the ankle holster and shot her in the chest.
The couple's adult son claimed that their father was drunk during the discussion.
Ferguson, a prosecutor before becoming a judge in 2015, was initially released on $1 million bail, but is said to have lied about drinking alcohol while awaiting trial.
The CA judge pleads not guilty to killing his spouse after texting court staff.
Orange County Superior Court Judge Jeffrey Ferguson, 72, was on trial at his home for the fatal shooting of his wife. (Anaheim Police Station)
Ferguson pleaded not guilty, but prosecutors said he confessed to the murder when texting his court clerk and enforcement officer.
“I just shot my wife. There's no tomorrow. I'm going to be detained. Sorry,” Ferguson wrote.
Prosecutors say Ferguson intentionally shot her in the debate, but Ferguson claims the gun was accidentally removed when he removed it from the holster.
Authorities have discovered 47 legally owned weapons and more than 26,000 rounds of ammunition.
A California judge texted “I'm not tomorrow” after allegedly killing his wife: police
Prosecutors say Ferguson intentionally shot her in the debate, but Ferguson claims the gun was accidentally removed when he removed it from the holster. (AP photo/Damiandbargen, Larry Rosen via AP)
The judge's lawyer told the outlet he hopes there may be an agreement with the prosecutor, in order to support Ferguson's age and the support he received from his wife's brother and the husband and wife son.
“I think the evidence shows that he intentionally didn't intend to kill anyone,” Cameron Tully told reporters, adding that Ferguson's life has already been destroyed, and he is still grieving the loss of his wife.
Cheryl Ferguson's brother, Larry Rosen, told reporters he was happy with the outcome and did not believe the murder was a murder, and he and his brothers feel the shooting was an accident and hope prosecutors will reach a deal with Ferguson.
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“To me, that shows that the ju-describers are as contradictory as me, at least to some extent,” Rosen said. “I don't think murder is the right phone call. It's not really.”
A hearing sets a new trial date is scheduled for Thursday.
Landon Mion and the Associated Press of Fox News Digital contributed to this report.
Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, murder, national crime cases, illegal immigration and more. Story tips and ideas can be sent to stepheny.price@fox.com
