Quake interrupts start of retrial in shooting death of judge's wife

The retrial of Judge Jeffrey M. Ferguson in Orange County got off to a shaky start Monday when the defense had their opening statements interrupted by a 5.2 magnitude earthquake.

Once Los Angeles County Superior Court Judge Eleanor J. Hunter gave the jury their instructions, she handed it off to the prosecution who introduced the victim to the jurors. People v. Ferguson, 23NF1975 (O.C. Super. Ct., led Aug. 11, 2023)

"Sheryl Ferguson was a longtime resident of Anaheim Hills. She was also the proud parent of a 22-year-old college student, Phillip Ferguson, who attended Southern Methodist University in Dallas," Deputy District Attorney Seton Hunt said. "Sheryl Ferguson is not with us today because she was killed by a man who was a gun expert, who had received extensive training on how to safely operate and use firearms, and he killed her with his concealed carry weapon - the Glock that he had on his ankle, a pistol that he had on his person at all times. When I say, at all times, the evidence will show that unless he was taking a shower or going to bed, even when he was in his own home, he had the weapon on him."

Hunt explained to the jury how his case against Ferguson would unfold, highlighting the ongoing argument that day in August 2023 leading to Sheryl Ferguson's death and showing jurors videos of the drunken judge on the night in question, in a patrol car, an interview room, and handcuffed at the shooting scene.

After Hunt's opening, defense co-counsel Frances Prizzia from the Law Offices of Frances Prizzia explained that the argument that day was about respect, not money.

"It wasn't about Jeff's financial support to his son from his first marriage. Sheryl was upset about feeling unappreciated. She believed Jeff's son should thank her more," Prizzia said. "Sheryl, who grew up with four brothers, liked giving cards for special occasions. When they supported Jeff's son, she often included a card. She felt she didn't receive proper acknowledgment for helping provide financial support, leaving Jeff in a difficult position."

Several emergency alerts suddenly sounded throughout the courtroom, warning everyone to drop and take cover for an imminent earthquake. A split second later, a magnitude 5.2 earthquake struck, shaking the courthouse. Eleven floors up, the top floor of the building, the courtroom occupants felt the full sway.

Once the shaking stopped, Prizzia resumed. She told the jury that Jeffrey Ferguson loved his wife, and the incident was a tragic accident, not murder.

After granting the jury a short break, Hunter admonished Ferguson's friends and family sitting in the gallery not to discuss the case inside the courthouse. "You don't know who is standing next to you, around you or in earshot of you," Hunter told the court. "The jury should be making this decision based on evidence not what they hear around the courthouse."

The prosecution began their case by calling 911 dispatchers and the Anaheim police officers who responded to the scene of the shooting.