Judge Jeffrey Ferguson: Deadly Lapse of Judgment 44:01

So he was well known, well respected, and no one ever thought something like this could ever, I don't think anyone ever fathomed something like this could possibly happen involving him. The Southern California enclave of Anaheim Hills is tucked away from the hubbub of the city. Dotted with palm trees and blessed with spacious parks and a golf course, it's dripping with affluence.

In fact, it's in the top 15% of highest-income neighborhoods in the U.S. As you can imagine, it's the kind of neighborhood that's full of highly educated, law-abiding citizens, doctors, lawyers, even judges. On the morning of August 4, 2023, one normally quiet street in Anaheim Hills was abuzz with frantic energy. The road was lined up with several news fans

Reporters were out knocking on doors, getting quotes from the neighbors. And everywhere they went, they were getting different versions of the same story. Usually in these cases, people living nearby pick up signs that something is amiss. There are patterns, strange off-putting behavior or loud fights. For lack of a better term, a bad vibe.

But these Anaheim Hills residents were totally shocked by what had happened the night before. No one had seen it coming. This just was not the kind of neighborhood where there were violent, deadly domestic disputes. This just was not the kind of neighborhood where police were called. And the lone suspect just was not an ordinary suspect. He was a California Superior Court judge. And after pulling the trigger, ever the judge,

Ferguson texted his bailiff and let him know that he would not make court in the morning. This is The Opportunist, an original podcast from Podcast One. You're listening to a story told in one episode called Jeffrey Ferguson, Deadly Lapse of Judgment. I'm Sarah James McLaughlin. In this episode, we dive into the story of Judge Jeffrey Ferguson, who was known as a no-nonsense, law-and-order, lock-em-up judge, who snapped and shot his wife.

Or did he just snap? Or is he a judge who saw an opportunity and believed he could get away with murder? Prior to the events of August 3rd, 2023, Jeffrey Ferguson had a long and respectable career, first as a prosecutor and then as a judge. After graduating from Western State College of Law in 1982, Ferguson quickly launched his legal career in the office of the Orange County District Attorney.

And he would go on to spend the rest of his career in Orange County's judicial system. As far as his personal life, he married Cheryl Rosen, and they had two sons. Cheryl seemed to complement Ferguson's civic engagement, as she was active in various community activities. We spoke to investigative reporter Scott Schwebke, who provided more context about the Ferguson family. Oh, yeah, a lot of people had a lot of great things to say about her. She was...

She was actively involved in the Boy Scouts where her son, who actually witnessed the shooting, he was an Eagle Scout. And so they talked about how her involvement with her son and his Eagle Scout projects and those kind of things. They also said she was very supportive of her husband and he was involved in different community activities, the neighborhood. She was involved in the neighborhood watch program.

So, dad's a judge, son's an Eagle Scout, mom's a hole maker and volunteer. For all intents and purposes, it seemed like a picture-perfect suburban life. Ferguson lived in Anaheim Hills, which is an upscale subdivision of Anaheim proper. It's a quiet neighborhood, tree line, palm trees, a lot of upscale neighborhoods.

upscale homes and trails uh it's very very uh very suburban quite a bit different than the inner city of anaheim i mean there's rolling hills behind him there's a behind his home there's a you know a huge open open space you can you know you can see for miles

very little traffic on the street he lived on just a lot of uh you know multi-million dollar homes uh tree-lined street that kind of a thing you know uh nice lawns really kept up well well manicured lawns and and for orange county it is probably one of the more expensive uh

Ferguson started as a senior prosecutor, rising to lead a team focused on major narcotics enforcement. There, he made a name for himself as a strong, hard-nosed prosecutor.

He was so effective and well-regarded that the Orange County Narcotics Officers Association awarded him Prosecutor of the Year, not once, not twice, but on four separate occasions. I know that he was well-respected within the judicial law enforcement community. I mean, he'd been a

He'd been a prosecutor for a number of years, working his way up from juvenile court all the way up to chief prosecutor, and then becoming a judge where he'd been on the bench for, I think it's more than three decades. In 2014, Ferguson pivoted from prosecuting and ran in a nonpartisan election for superior court judge, part of a court that has jurisdiction over all criminal and civil trial cases in Orange County.

News station KTLA reported on his platform at the time. And we've been digging into Judge Ferguson's past and we found this from 2014 when he was running for Superior Court. It outlines Ferguson's political philosophy. The last line says, quote, "Public safety and crime victims' rights have been my top priority as a prosecutor and it will remain my top priority as judge."

Ferguson won the election by a substantial margin, 63% of the vote, and joined the bench. Now, most of us intuitively know what a judge's job is. They have the last word in a courtroom. They're the ones both sides are trying to convince. They're the ones who have to decide what the best step forward is for all parties involved in the dispute. We look to them to be neutral, wise, unimpeachable, basically to have good judgment. That's kind of the whole point.

But for the story we're about to tell, it's worth spelling out just a bit more what exactly a judge is expected to do and how they're expected to do it. The California Code of Judicial Ethics describes a judge's basic function as maintaining the utmost integrity in decision making. This principle applies to everything that a judge does, and the principle applies to the ethics obligations of judges in the courthouse and in private life.

Finally, it goes on to say that "all of what a judge does must ensure the integrity of the process of decision-making and the decision itself." California's Center for Judicial Education and Research distributes handouts to judges that outline these expectations. The guidelines break things down on a personal level by describing eight "pillars."

The first is awareness of being a judge, which means always be mindful that you are a judge, whether on the bench, at a party, or on Facebook. Of course, that's easier said than done. And it's hard to always be mindful that you are a judge in a moment when emotions are running high, in a moment when you're out of control or at the end of your rope.

The guidelines also state that, "As a member of the judiciary, you bear the burden of expectations placed upon all judges, expectations on what one does or says and how one behaves or reacts." As you go about your life, constantly running in the background, like an antivirus program, is the awareness that you are a judge. Judges must commit to upholding the integrity and independence of the judiciary,

avoid impropriety and the appearance of impropriety in both the public and non-public aspects of their lives, and respect and comply with the law. So basically when you're a judge, you're a judge all day, every day. And you're expected to make good, upright decisions at all times. But of course, judges are human too. So sometimes that's easier said than done.

That was certainly the case for Judge Ferguson on the evening of August 3, 2023. By all accounts, it should have been a festive occasion. Philip, one of the Ferguson's sons, was home from college for summer break, and the family went out to dinner together. But if there was a light mood to begin with, it didn't last. According to Philip, his parents got into a heated argument at the restaurant.

The fight, apparently regarding financial issues, escalated to the point that Ferguson implied a threat of violence. And at one point the judge allegedly pointed his finger at his wife in a manner mimicking a firearm. According to court documents, Ferguson raised his finger like a gun at his wife, but not in a joking or lighthearted manner. In any case, Cheryl didn't seem amused. She got up and walked out of the restaurant.

Maybe to get away from her husband and get some air. Or maybe she already feared for her safety. After dinner, the family returned to their Anaheim Hills home, where Cheryl and Jeff seemingly put their differences aside for long enough to watch an episode of Breaking Bad. Apparently, the show is a family favorite, which is ironic considering that it hinges on an upstanding family man who transforms into a hardened criminal.

Anyway, after the episode ended, Cheryl and Jeff picked up their fight right where they had left off. Phillip was about to step outside to avoid listening to his parents' bicker when he heard a chilling exchange. Later, he would recall that his mother had said something like, "Why don't you point a real gun at me?" And the next thing Phillip saw, his father was doing just that. The no-nonsense judge reached down to his ankle where he always kept a loaded .40 caliber Glock.

He pointed it towards his wife and he fired. Up next, the horrifying aftermath of a shocking homicide. - This guy was as cold and calculated as they come. Maybe we weren't gonna get it solved.

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Gunfire and a blood-curdling scream of "Don't shoot me" shatter the quiet community of Anaheim Hills. It was a striking tableau, almost Shakespearean. Judge Jeffrey Ferguson, a father, enraged, pointing a gun at his wife Cheryl, their son Phillip watching the whole thing unfold. He saw his father point a gun at his mother. He heard the gun go off. He saw the bloom of red on his mother's chest as she fell to the floor.

Immediately, Philip launched himself over a couch to grab the gun from his father's hands. A neighbor described what she overheard from nearby. I heard a man scream, don't shoot me, and then I heard a primal yell. And so my only assumption was a son screaming, don't shoot me. It was a devastated yell. And that's when I knew something really crazy was happening outside. Meanwhile, in the house, Cheryl spoke her final words to her son. He shot me.

After these horrifying events, both Philip and Jeffrey called 911. When Judge Ferguson explained to the dispatcher that they needed an ambulance, the dispatcher asked what had happened. Did he shoot his wife? But Ferguson said he didn't want to talk about it. Maybe he was still in a state of shock about the reality of what had happened. But very soon, Judge Ferguson would realize the weight of his actions.

A few minutes after his 911 call, he sent a text to his bailiff and court clerk with a stark message. He wrote, "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 message was so out of character that his coworkers thought it must be some kind of joke.

Yeah, the first, I mean, it's odd. The first thing he thought about, I guess, was to notify his, you know, people that he wouldn't be there. And at first, the clerk and the bailiff didn't really take it seriously. Because, I mean, that's out of the blue. I mean, that's probably really hard to believe that the judge you work for would be saying that.

Anyone receiving a text like that would prefer it to be a sick joke. But this was no laughing matter. It was deadly serious. From the judge even refusing to acknowledge that he'd shot his wife to texting his colleagues that he had, that was a quick journey from denial to acceptance. And by the time police arrived on the scene, Ferguson seemed to have come to some sense of resignation about what was happening. Maybe even a sense of despair.

When responders arrived on the scene, Ferguson was sitting on a planter outside his home. Police described his demeanor with words like "regret" and "shock" and said there were tears in his eyes. Meanwhile, his 22-year-old son was in pajama bottoms, barefoot, with his mother's blood drying on his hands from his attempts to revive her.

By this point, the judge made no effort to deny what had happened, to himself or to the authorities. He was surprisingly candid, particularly for someone with an inside knowledge of the criminal justice system. He told the police straight out, "I just killed my wife." And when they pointed a non-lethal gun at the judge, he told them, "Just shoot me." But they declined, and instead, they placed him in handcuffs.

Meanwhile, authorities continued into the home where they found a grisly scene that suggested the horror that had just unfolded. There was a Glock discarded on the tile kitchen floor, a single cartridge casing was on the carpet of the family room, and a leather armchair knocked over with a bloody bullet hole in the back of it, and Cheryl's body lying face up bleeding from the abdomen. She was pronounced dead at the scene.

Still standing outside, the judge continued to wallow in self-punishment. He let out a string of profanity. Then he asked, What did I do? My son will hate me forever. He even asked authorities, Can you have my son come over here and punch me in the face? I deserve it. I got everything I got coming. Allegedly, the judge also commented on how he was just like the criminals he used to prosecute.

He spent most of his career sending criminals to jail and then presiding over criminal trials. But now he's on the other side of the system. I mean, he basically confessed in the minutes just after the shooting. So that was really interesting. And then again to the officers. So, you know, I mean, I don't think there's any question that...

that he did this. I mean, I think that's pretty cut and dry. Part of the reason the judge appeared to be so willing to freely incriminate himself could have been the level of alcohol in his blood. Officers testified that Ferguson appeared to be intoxicated. He was slurring his words, and he even smelled like alcohol. When investigators got a blood sample from Ferguson, seven hours later,

His blood alcohol concentration, or BAC, was .06. That's under the legal limit to drive, which is .08. But remember, this was now 7 hours after the shooting. BAC decreases at a slow and steady rate. So if after 7 hours his BAC was still that high,

It was almost certainly much higher at the time of the killing. It could have been as high as .165, which is more than twice the legal driving limit. According to an Oregon rehab facility website, a person with a BAC that high could be described as "sloppy drunk." At those levels, anxiety or restlessness would become stronger and coordination can be seriously compromised.

Conversely, the loss of judgment occurs at much lower levels of BAC, as low as .04 to .06. So that was the judge's state as he spent the night in police custody. The next morning, his Anaheim Hills neighbors woke up to a startling new reality. It's always kind of a cliche, but

When I got out there, there were news vans lining the street. There were reporters scrambling to interview neighbors who, you know, stood outside of their homes and were watching as police continued to search Ferguson's house. But yeah, there was a throng of reporters out there, and they were all trying to get interviews with people in close proximity to the

to the house. The neighbors were still stunned. A lot of them had watched the previous night before as the police searched Ferguson's home, took him into custody. There were several eyewitnesses to that. So they were just trying to fathom how this could possibly happen to someone who they knew well and respected as an officer at the court.

Neighbors were shocked that this had happened to the Fergusons, of all people.

Those family members were considered pillars of the community. In fact, Cheryl was even part of the neighborhood watch. They just had a meeting probably like a week or so before the shooting. So that was kind of an ironic twist that they were actively involved in the neighborhood watch program, yet they were involved in this horrific homicide. Family and community members spoke to the media about the sense of surprise and loss around Cheryl's killing.

She was always very supportive of him, you know, throughout his career, always there for him. You know, he worked a lot and was very dedicated and committed to what he did. But she was just one of those wives that always stood behind him and supported him all the time. Meanwhile, Cheryl's brother appeared on camera, shaken, and had this to say. She was the glue that held the family together. Very well loved by many, many people. I would describe what's happening as a tragedy, an absolute tragedy.

Throughout the neighborhood, people's reactions differed from the usual pattern. When talking to reporters after such a shocking crime, people who live near the accused often speak about warning signs they saw or a bad feeling they felt. But this time around, that wasn't the case. A lot of times they'll say that Young was strange or he didn't talk much or

but everything i heard about them was that they were a great couple together and that they loved and supported each other and i i didn't get the feeling that there was any kind of prior problems from anybody that i that i spoke to you know it could be that they just didn't know what goes on behind closed doors but every everything they said about the the judge and his wife were uh were positive

Neighbors, friends, people close to the couple say news of the deadly shooting comes as a total shock. Several claim such violence is completely out of character for Jeffrey Ferguson. Social media postings show the couple in much happier times. Their home sits in an upscale, typically quiet neighborhood in Anaheim Hills. I mean, everyone's trying to wrap their heads around that, how that could possibly happen.

happened and a lot of them were wanting to know why, as people usually do after these kinds of crimes happen. And just trying to understand it and trying to recall what they've seen to kind of piece together what could possibly have happened. In the early days of the investigation, more information came out painting a clearer picture of what was going on behind closed doors.

For one thing, the gun in the judge's ankle holster wasn't the only firearm he owned. Far from it. Investigators obtained a search warrant and after daybreak removed firearms, including rifles, from the house. Homicide detectives pulled out boxes of ammo and stacks of guns from this Anaheim Hills home Friday.

In the end, authorities seized 47 guns and over 26,000 rounds of ammo from the home. And there was also a .22 caliber rifle which was registered to the judge, but couldn't be found. That is a lot of guns and ammunition for one household. Had the judge armed himself so heavily because of his line of work? Was he worried about potential retaliation?

Maybe someone who didn't agree with the verdict or sentencing, who might seek revenge on him or his family? I mean, you know, he's a judge. You don't know who you're going to run into in public. I'm sure he's sentenced a lot of people to prison for various kind of crimes. And he's probably concerned about his safety.

If the judge stocked up on guns to protect his family, only to then pervert that protection and rip his family apart? Well, that's some tragic irony. Meanwhile,

His neighbors reeled in the aftermath, trying to process what had happened on their sunny, quiet street. They were so sure that the judge and his wife were a happy, peaceful couple. But how can you really know about what goes on behind closed doors? Up next, as the judge's case goes to trial, more troubling details emerge.

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Now, back to the story. In early August of 2023, Judge Jeffrey Ferguson got into a fight with his wife Cheryl, with such a dramatic and tragic ending. It was unlikely that this was their first major argument. More likely, the tension had been building for months, or even years.

You know, it's hard to believe that this is their first ever argument. I mean, couples argue all the time, and who knows what other arguments they've had that may have led up to this. But, yeah, at this point, I guess he just kind of snapped at some point, and she dared him to shoot her. I mean, yeah, she dared him to shoot her, and I guess he...

was gonna not take the deer, he was gonna follow through with it. - The Ferguson's son, Philip, told police that his parents had fought about finances often, but their arguments had never gotten physical. That was before his father pulled a gun on his mother. Still, Philip said he believed the shooting was an accident. For one thing, he pointed out that his father never shoots one-handed, like how he fired in this case.

But despite Philip's plea for leniency and a pre-trial hearing, a judge found probable cause for Ferguson to stand trial for murder. She said, "While I appreciate the son's opinion that this was accidental, bless his heart, he's in a horrible position." Meanwhile, there was one person who didn't seem to be in a horrible position. The judge himself.

Ferguson was taken into custody and charged with one felony count of murder and two felony enhancements for personal use of a firearm and discharge of a firearm causing great bodily injury and death. But he only spent one night in jail. That very next day, he was freed on a $1 million bail.

I think there were some questions about that from folks. I mean, first off, he was allowed, you know, a lot of times murder suspects are held without bail. He was granted bail and then he was, it was granted to an amount that I guess he could have

could afford. Maybe it was a property bail he put up his house or something. I don't know. And it's usually like 10%, I think, of the amount. So if it's like a million dollars, you have to put up like $100,000 or something like that. So yeah, I think people were wondering on social media whether he got some kind of a special deal that normal murder suspects might not have gotten. According to a report from the U.S. Department of Justice,

Murder defendants are the most likely to be denied bail and the least likely to be released prior to trial. And yet, here was Judge Ferguson, who had openly admitted to shooting his wife while in the presence of a witness, the very same man who had shown so much guilt that he begged to be punched in the face and shot, who commented on how he had become just like the criminals he spent decades putting behind bars.

That very same man was soon walking free. Now, his bail did have a few conditions. He had to turn over his passport and submit to GPS tracking and alcohol monitoring. But this was still a much better deal than suspected murderers typically get. And the judge was able to sweeten the deal even more for himself. He got a concession that even allowed him to leave the state.

That is a privilege nearly unheard of in murder charges. So he was, he got out pretty quickly and I think he ultimately relocated to Texas right now pending his trial. I guess he got some kind of, I think he got some kind of agreement for the court that he was able to leave the area. I don't think they thought the judge was a flight risk.

Could it be that Ferguson was using his insider knowledge about the criminal justice system to get more lenient treatment? Or maybe just being a judge and a well-respected community figure was all the opportunity he needed to find a way to walk right out of jail? Yeah, he did get some unusual concessions, that's for sure. While it could be argued that the judge has already received very favorable treatment, it remains to be seen whether his status will have an impact on his case.

For one thing, the proceedings were moved away from Orange County, where the judge lived and presided. There would be clear conflicts of interest and it would be difficult to find anyone in the judicial system who didn't know the judge personally. Instead, the trial will take place in Los Angeles County, but with a witness to the crime and a suspect who has already essentially confessed.

The focus likely won't be on if the judge shot his wife, but why he did. Was it premeditated, a crime of passion, or an accident as he maintains? It's just going to be finding out the motive and if it was premeditated or not. Maybe this will get dropped down to a second degree. I don't know. It's hard to say.

One of the reasons it's so hard to say what will happen is that this scenario, a judge being charged with murder, is virtually unheard of. And the fact that it's so rare for a judge to be on the wrong side of the law adds a certain ironic hook. Even John Grisham, a best-selling thrillers author, was drawn to that idea.

He leaned into the highly dramatic and unexpected twist in a pair of books about an investigator who uncovers judges' dastardly deeds. Here he is speaking about the concept in 2022. Hello, John Grisham here. Five years ago, I wrote a book called The Whistler. In this book, we met a young protagonist named Lacey Stoltz. She's worked on the case, and she has found the killer

who happens to be a judge. To my knowledge, in the history of our country, no sitting judge has ever been accused, let alone convicted, of murder. If Grisham's research is to be believed, then Judge Ferguson's case is breaking new ground in the U.S. criminal justice system. And he's not alone in turning to a potentially murderous judge as fodder for a creative project.

In 2014, there was a film called The Judge, which starred Robert Downey Jr. and Robert Duvall. That movie centered on the premise of a revered judge who finds himself on the wrong side of the law. But both of these examples are fictional, played up for drama, which only highlights how shocking it is that life has started to imitate art.

surprised to hear about a judge being involved in something like this. I've never really covered, I've covered a lot of stories over the years, but I've never really covered a story where a district court judge was involved in a homicide. Yeah, it's hard to know. I mean, I haven't found anything either. I did a similar search and I haven't found any anecdotal information to say that. I mean, of course, we know there's been judges who have been victims of crime and probably

been murdered and you know for various reasons but to have a judge as a defendant i mean that's that's just a that's a total 360 um as far as going from one day you're on the bench uh you know handling cases and dealing with the fitness the next day you're in fact defending yourself and something as a horrific as a as a as a murder involving your arrest allegedly involving your spouse

So, soon, potentially for the first time in U.S. history, a murder trial will begin with the judge as the defendant. There's a chance that this true life story will be every bit as dramatic as the fictional ones that have come before. I think it'll be a real interest when the trial comes. I mean, I wouldn't be surprised if you see, try to see like Court TV or something that's covering this kind of a thing, gavel to gavel.

I mean, this is a fascinating twist. I mean, the story itself, I mean, the fact that this happened to someone like him who you think would have some restraint and would know when he's going over the line is interesting. I think it just shows that, you know, regardless of who you are, what you do, you know, everybody has their, their point sometimes when they, they kind of lose it. And it's really sad. Yeah.

You know, his whole career is basically obviously ruined now. And his legacy as a, you know, a judge and all the great things that he's maybe he's done for the community. He'll be remembered by this entire sordid moment. Prior to the tragic events of August 3rd, 2023, Judge Ferguson's reputation was pretty much impeccable, except for one small black mark.

Back in 2017, he was admonished by the Commission on Judicial Performance for posting Facebook comments about a prosecutor who was campaigning to be a judge. He was also Facebook friends with three defense lawyers who had cases in his courtroom. Less than impartial. Definitely not anywhere near murder.

but a little shady. So were these just innocent mistakes? Or were they early examples of Judge Ferguson making poor decisions because he could get away with it? If this is his gamble now, it's a bold one. After all, there's a witness to the killing. His own son said he did it. And he essentially confessed to several police officers that very night.

But maybe the judge is hoping that his status, his connections, and his record of service will be enough to get him declared not guilty. And, you know, he's a judge. And this is just my Monday morning quarterbacking, but maybe, you know, he thought, you know, maybe he thinks he's a little bit above the law and could exact justice on his own. So far, he does seem to be enjoying some special privileges, like getting to leave the state on bail.

Which raises the question: can a judge truly be tried fairly by the system? Or is he trying to use the system to escape punishment? Ultimately, a jury and a different judge will decide his fate. If he's found guilty on all charges, the 73-year-old could face a sentence of 40 years to life. But it remains to be seen if the judge will be forced to accept accountability for his actions.

And, as it turns out, accountability is the eighth and final pillar of being a judge. I'll leave you with a quote from the California Guidelines that feels particularly relevant: "Accept and ensure judicial accountability. Recognizing that you are accountable involves the humility to accept that you can be wrong,

A judge sees that justice is done and accepts the obligations that go with being a judge, including your own accountability. Thank you for tuning in to The Opportunist. This episode was written by Nani Ukwelagu and executive produced by Connor Powell. We'll be back next week with new stories about people seeing an opportunity to get ahead and taking it. Until next time.

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And it's not just for humans, CB Distillery also benefits our cats and dogs. For those of us that have seniors with mobility issues,

or puppers with separation anxiety, CB Distillery offers health and wellness support for our good boys and our good girls too. CB Distillery has a solid 100% money-back guarantee, so let's try it together. I have a 20% discount to get you started. Visit cbdistillery.com and use code OPPORTUNIST for 20% off. That's cbdistillery.com, code OPPORTUNIST. cbdistillery.com.