Southern California judge who shot and killed his wife returns to custody after violating no-alcohol bail terms

LOS ANGELES (CN) — An Orange County Superior Court judge who shot and killed his wife last year was taken back into custody on Tuesday after violating the terms of his bail by consuming alcohol last month.

Jeffrey Ferguson says the killing was accidental. Under the terms of his $1 million bail he was ordered not to consume alcohol and to wear two ankle monitors: one to track his location, the other to monitor his sweat vapors for alcohol content. The latter was triggered last month.

Los Angeles Superior Court Judge Eleanor Hunter set a new bail of $2 million on Tuesday, and set stricter conditions for his release.

“Let’s not forget, this is a murder case,” Hunter said. “Someone died at the hands of Mr. Ferguson, there’s no doubt about that. This isn’t one of those cases where you say, ‘Oh shucks.’ Also, alcohol was involved. Alcohol is intertwined in this case.”

The 73-year-old Ferguson, a former prosecutor, was arrested on August 2023 and charged with the murder of his 65-year-old wife, Sheryl Ferguson. Prosecutors say the judge had been drinking and, while arguing with his wife, pulled out a handgun from an ankle holster and shot her in the chest. Police later searched the couple’s home and found 46 other weapons and more than 26,000 rounds of ammunition.

Minutes after the shooting, according to a court filing, 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.”

During a preliminary hearing in June, the couple’s son testified that the family had been out to dinner at a restaurant, and his parents were arguing over finances. The argument continued after they returned home and were watching an episode of “Breaking Bad.” After Jeffrey Ferguson made a gun gesture with his hands, his wife said, “Why don’t you point a real gun at me?” Moments later, according to the son, his father shot his mother.

Jeffrey Ferguson then told his son to call 911. An Anaheim police officer testified that Judge Ferguson’s breath smelled of alcohol and he appeared to be crying. The police also said Jeffrey Ferguson told first responders, “Shoot me, shoot me.”

His attorney called the shooting “a terrible accident that resulted in the death of the love of his life.”

As to why his ankle monitor was triggered, Ferguson offered up an unlikely excuse: The device was irritating his leg and making it swell up. He said he applied cortisone cream and hand sanitizer, which set off the monitor.

On Tuesday, prosecutors called a technician for the company that makes and operates the ankle monitor, who testified that the device is designed to show a positive reading — that is, an event where alcohol has been consumed — only if six criteria are all met. The device is capable of measuring how fast the alcohol is entering the body and leaving the body, the “absorption rate,” which is very different for when alcohol is consumed compared to when it is rubbed on the body.

“I can say that this is confirmed consumption,” the technician said.

Ferguson’s lawyer, Ed Welbourn, entered into evidence a test of Ferguson’s hair follicles taken weeks after the incident when his ankle monitor showed he’d been drinking. The hair follicle test, Welbourn said, came up negative for alcohol. But Judge Hunter was dismissive of the test, pointing out that it was not FDA-approved and that the testmaker’s own website warned that should not be used for criminal matters.

Hunter then had a stern rebuke for Ferguson.

“When we started this hearing, I honestly thought this would be a situation where Mr. Ferguson would say, ‘I’m human, I took a drink,” Hunter said. “I probably wouldn’t have remanded him. People make mistakes … But when Mr. Ferguson signed a declaration under penalty of perjury that he had nothing to drink, that put it into a whole other category.”

She said she thought Ferguson’s testimony was inconsistent, and that he “was not truthful to the court when he represented that he did not drink alcohol.”

“I hate it when people lie to me,” Hunter said. “I hate it.”

Judge Hunter said she was close to revoking bail altogether, but decided instead to double it, from $1 million to $2 million, and to set new conditions. Should he be released from custody, he will not be allowed to go to any establishment that sells alcohol.

“If he wants to go out to eat, go to McDonald’s,” Hunter pronounced.

Ferguson was immediately handcuffed by sheriff’s deputies and taken into custody. His lawyer, Welbourn, said he did not know if Ferguson would post bail, but hoped that he would. Neither he nor the prosecutor commented on the judge’s ruling.

Ferguson’s trial is expected to start early next year. Even though he is being prosecuted by Orange County prosecutors, he will be tried in Los Angeles, since he has so many ties with Orange County judges. In fact, on the day that his ankle monitor went off, Ferguson said he was eating lunch at a restaurant with two sitting Orange County Superior Court judges.

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