Prosecutors had said at trial that Ferguson shot his wife Sheryl with a handgun while the couple was watching television at their home in Anaheim Hills after they had been arguing in 2023. Testifying at trial, Ferguson did not deny shooting his wife, but said it was an accident.
Hunter, who presided over Ferguson’s case to avoid a conflict of interest, scheduled a hearing Thursday in her Los Angeles courtroom on how to proceed.
Orange County District Attorney Todd Spitzer said after the mistrial that his office would review the case and speak with Sheryl Ferguson’s family members before taking its next steps.
“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 he is sure Ferguson is relieved because he could have been taken into custody. He 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 been destroyed and he remains saddened by the loss of his wife.
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.
At trial earlier, prosecutors had said Ferguson had been drinking before he made a gun-like hand gesture toward his wife of 27 years during an argument at a restaurant on Aug. 3, 2023, over family finances. They said he later pulled out a real 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 contended it was 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 use and in handling criminal cases involving gun violence.
Ferguson became a judge in 2015. He's not currently presiding over a courtroom as the state’s constitution bars a judge who faces a felony charge from hearing cases.
Ferguson began his legal career in the district attorney’s office in 1983 and went on to work narcotics cases, for which he won various awards.