OC judge accused of killing wife has bail revoked, taken into custody

An Orange County Superior Court judge accused of fatally shooting his wife had his $1 million bail revoked today for violating the terms of his release, and he was taken into custody in court.

Prosecutors said Judge Jeffrey Malcolm Ferguson, 73, violated the terms of his release by drinking alcohol. Ferguson's attorney denied the allegation, blaming it on the judge's use of cortizone anti-itch cream and hand sanitzer gel containing alcohol that triggered the ankle-monitoring system.

Los Angeles Superior Court Judge Eleanor J. Hunter on Tuesday revoked Ferguson's $1 million bail, and reset his bail amount at $2 million. Ferguson was handcuffed by sheriff's deputies in court and led away to a courtroom lockup.

Ferguson is due back in court Nov. 1, when a trial date is expected to be set. He is accused in the Aug. 3, 2023, shooting of his 65-year-old wife, Sheryl, at their Anaheim Hills home.

Ferguson's attorney, Ed Welbourn, had contended in court papers that Ferguson the anti-itch cream and gel "on his skin under the ankle monitor to help ease the blistering, redness and swelling, which is what caused the ankle monitor to spike."

Ferguson said in court papers that he suffers from "intermittent symptoms associated with a chronic kidney failure condition that I have had for the past several years, that includes periods of lower leg edema and swelling from time to time."  

He noticed "mild swelling" in his legs the morning of Aug. 26, but it went away overnight, but by the next day the swelling returned and it made the ankle bracelet ``snug,'' Ferguson said.

The swelling ultimately progressed enough that the bracelet "was now deeply pressed into my left lower leg," which led to "severe discomfort," Ferguson said.

When he tried to adjust the bracelet for relief, he noticed it was "reddened'' and his skin was ``chafed and discolored,'' he said.   

He used the hand sanitizer to ward off infection, he said.   

"I have not consumed alcohol for over a year, and I did not consume any alcohol on Aug. 28 and Aug. 29, 2024,'' he said in court papers.   

Ferguson is prohibited from drinking alcohol as he awaits trial. Prosecutors alleged he was intoxicated when he shot his wife.   

The judge had been free on $1 million bond since shortly after his arrest.   

Anaheim Police Department officers arrested Ferguson after they were called to his home in the 8500 block of East Canyon Vista Drive just after 8 p.m. Aug. 3, 2023, on reports of a shooting. Inside the home, officers found Sheryl Ferguson, the judge's wife, suffering from at least one gunshot wound, said Anaheim Police Sgt. Jonathan McClintock.   

Sheryl Ferguson was pronounced dead at the scene.   

In a bail motion last year, Deputy District Attorney Christopher Alex said Ferguson shot his wife "through the chest in the living room of their home in Anaheim."   

The prosecutor alleged the judge used a "loaded 40-caliber pistol that he pulled from his ankle holster. He shot her at close range. He did so while intoxicated. His adult son witnessed the homicide."

The dispute began earlier in the evening while the couple argued during a dinner at a restaurant near their home, Alex said.   

Ferguson "pointed his finger at his wife in a manner mimicking a firearm,'' Alex said, adding that the conflict continued at home "periodically'' for about an hour.

Referring to the hand gesture at dinner, Sheryl Ferguson allegedly said moments before her husband opened fire "words to the effect of: 'Why don't you point a real gun at me?'" Alex alleged.

Ferguson "retrieved his pistol from his ankle holster and shot (his wife) center mass,'' Alex alleged.

Ferguson's son called 911 and the judge did so as well. When a dispatcher asked the judge if he shot his wife, he said he did not want to discuss that at the time and when asked again, he said she needed paramedics, Alex said.

Minutes later, Alex alleged, Ferguson sent a text message to 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."

The clerk and bailiff assumed he was joking, Alex said.