California Judge on Trial for Shooting and Killing Wife Testifies that It Was 'an Accident'

Orange County Superior Court Judge Jeffrey Ferguson — who is standing trial for allegedly murdering his wife, Sheryl Ferguson — testified that he had shot her by “accident.”

Ferguson, 74, who pleaded not guilty to the crime, took the stand on Monday, Feb. 24 and recalled how the incident unfolded on Aug. 3, 2023 with his wife of 27 years, according to Associated Press (AP), CBS News and The San Bernardino Sun.

He admitted that he violated the terms of his concealed carry permit by drinking while carrying a concealed weapon, but denied intentionally shooting her, telling the court, per the outlets, “I didn’t mean to kill her. It was an accident.”

The prosecuting attorney argued in court that Ferguson and his wife had a heated argument in which he pointed a finger at her to mimic a firearm, which prompted his wife to allegedly say something to the effect of “Why don’t you use a real gun?.” The prosecuting attorney then claimed that the superior court judge responded by taking his pistol out of his ankle holster and shooting her, per the San Bernardino Sun. 

However, Ferguson argued a different scenario in his testimony. He admitted on the stand that he and his wife had an argument while out at dinner at a Mexican restaurant with their son Phillip earlier in the night over his continued financial support of his son Kevin, from a previous marriage, per CBS News and the San Bernardino Sun. 

He stated that he had several drinks during dinner in addition to a beer and a rum and soda before the meal. When asked in court whether he was an alcoholic, he responded, “I drank too much and was in denial so I suppose I was.”

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He said the trio returned home and watched Breaking Bad in the living room, and despite his efforts to make amends, his wife refused. He admitted, per CBS News, that he began feeling the effects of the alcohol and allegedly thought he heard his wife say, “Why don’t you put that gun away from me.”

He claimed he then proceeded to pull the gun from his ankle holster onto the coffee table in order to “defuse” the situation. However, he noted that he struggled to do so due to his weight and previous shoulder injuries.

“My arm failed, I got a shooting pain and my arm dropped,” Ferguson said, per San Bernardino Sun. “I reflexively grabbed it. I didn’t want to drop it on the floor. It fired. When I grabbed it my finger came off the trigger guard and must have hit the trigger.”

He claimed, per the outlet, that he saw his wife with a “surprised look” on her face before she stood up from her chair and fell to the floor. He said son Phillip then tackled him and demanded that he let go of the gun, which he eventually did. He told the court that he then told his son to “call 911,” per CBS News.

Ferguson was previously charged with one felony count of murder, one count of felony enhancement of personal use of a firearm, and one count of felony enhancement of discharge of a firearm causing great bodily injury and death after police discovered his 65-year-old wife dead at their home on Aug. 3, 2023, per a press release.

The superior court judge is scheduled to continue his testimony during his trial on Tuesday, Feb. 25.