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By Jenna Sundel
News Reporter
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A California judge is awaiting trial for murder in his wife's death last year, which his lawyer claimed was an "accident."
Jeffrey Ferguson, an Orange County superior court judge, lived with his wife Sheryl Ferguson, a homemaker, and their son Phillip Ferguson in Anaheim Hills.
Phillip Ferguson attended college in Dallas and his parents bought him a house there. They planned to move there as well after Jeffrey Ferguson retired.
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Anaheim police responded to their home on August 3 of last year after receiving a call from Phillip Ferguson, who was 23 at the time. He found his 65-year-old mother with a gunshot wound to the torso. She was pronounced dead at the scene.
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Phillip Ferguson recalled seeing his father point a gun at his mother and a flash going off, but said he thought it was an "accident" that the gun was fired. He pinned his father down and took the firearm before performing CPR on his mother.
"It's not a murder," defense attorney Ed Welbourn said. "It's a terrible accident that resulted in the death of the love of his life."
Phillip Ferguson told authorities that he was at a Mexican restaurant with his parents when they began fighting about finances. Welbourn has admitted that the judge was drinking that night.
The 73-year-old then allegedly made a gun-like hand gesture and pointed it at his wife.
The couple went back to their house and began watching Breaking Bad on the television in the living room. The argument started once again and escalated when Sheryl Ferguson said, "Why don't you point a real gun at me," according to court testimony.
Jeffrey Ferguson is accused of pulling a gun out of his ankle holster and fatally shooting his wife. He then allegedly texted his court clerk and a bailiff, "I just lost it. I just shot my wife. I won't be in tomorrow. I will be in custody. I'm so sorry."
He was charged with one felony count of murder, one felony enhancement of personal use of a firearm and one felony enhancement of discharge of a firearm causing great bodily injury and death.
Jeffrey Ferguson pleaded not guilty to the charges. He is free on $1 million bond as he awaits trial.
Before becoming a judge in 2014, Jeffrey Ferguson worked as a prosecutor specializing in narcotics cases.
Sheryl Ferguson worked with the Santa Barbara and Orange County probation departments prior to becoming a homemaker.
The couple shared an interest in local Republican politics and firearms.
Jeffrey Ferguson began carrying a gun after receiving death threats over a decade prior to the fatal shooting.
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