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LOS ANGELES (CNS) - Orange County prosecutors on Tuesday are expected to ask a Los Angeles Superior Court judge to put restrictions on the bail of Orange County Superior Court Judge Jeffrey Ferguson who is charged with fatally shooting his wife.
Ferguson, 72, was charged last week with murder with sentencing enhancements for the personal discharge of a firearm causing death and the personal use of a firearm. Ferguson, who was out on $1 million bail, was expected to be arraigned Sept. 1, but prosecutors on Friday requested to have the hearing moved up to Tuesday in the North Justice Center in Fullerton so they could seek restrictions on Ferguson's bail.
Orange County Superior Court Presiding Judge Maria Hernandez moved to reassign the case to Los Angeles Superior Court. Tuesday's hearing was scheduled to be heard before Los Angeles Superior Court Judge Ricardo Ocampo.
Ferguson is accused of killing his wife, Sheryl, Aug. 3 at their Anaheim Hills home.
Orange County District Attorney Todd Spitzer reported he had consulted with the Attorney General's Office, which found no conflict in his agency prosecuting the judge.
"This is a tragedy for the entire Ferguson family," his attorneys John Barnett and Paul Meyer said in a statement. "It was an accident and nothing more."
Sheryl Ferguson's brother, Larry Rosen, issued a statement on behalf of her family on Sunday.
"We would like to thank everyone for their prayers and condolences," the statement read. "Sheryl's death is a tragedy and has significantly affected everyone who knew this lovely woman. Sheryl was a devoted mom, sister and aunt, and was the glue that held our family together.
"Given the complexity of the situation, our family's main focus is to make sure that Sheryl's son is supported and protected during this time. We ask that you respect our privacy. We have nothing further to say on the matter at this time."
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 on reports of a shooting. Inside the home, officers found 65-year- old Sheryl Ferguson, the judge's wife, suffering from at least one gunshot wound, said Anaheim Police Department Sgt. Jonathan McClintock.
Sheryl Ferguson was pronounced dead at the scene.
Jeffrey Ferguson was booked into the Anaheim Jail and later transferred to Orange County Jail on suspicion of murder and was being held on $1 million bail, McClintock said. He posted bond and was released at 2:05 p.m. Aug. 4, according to jail records.
The District Attorney's Office said in a statement that prosecutors are concerned about a .22-caliber rifle registered to Ferguson remains unaccounted for after officers removed 47 other weapons and about 26,000 rounds of ammunition from his home. Another rifle police missed was later turned in by defense attorneys, prosecutors said.
Prosecutors are seeking to have the defendant surrender his passport, agree to a revocation of his permit to carry a concealed weapon and not possess any weapon or ammunition of any kind, submit to searches and seizures by law enforcement, remain in Orange, Riverside and Los Angeles counties, wear a GPS device so probation officials can keep track of his movements, have no contact with his son who was at the home the night of the shooting except through his attorneys and with his permission, refrain from consuming or possessing alcohol and stay away from establishments that sell or serve alcohol.
In a bail motion, 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 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.
The conflict continued at home "periodically" for about an hour, Alex said.
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.
When officers arrived, Ferguson "slurred words and smelled of alcohol," and their body-worn cameras caught him saying, "... well, I guess I'm done for a while ... oh my God ... my son ... my son... I'm sorry ... I (expletive) up ... Oh man, I can't believe I did this," Alex alleged.
Seven hours after the shooting investigators got a blood sample from Ferguson, which showed he had a blood-alcohol level of .06.
His son told police that his father is more "heated" when drinking and arguing with his wife, Alex said.
His son "reported that, a few years prior, (Sheryl Ferguson) reported to him that defendant had attempted suicide with a gun," Alex said. The son also said another time Ferguson discharged a gun while alone in a bathroom at the house.
The son did not witness the shooting and characterized it as an accidental discharge to officers, Alex said.
The Fergusons have two sons, Kevin and Phillip, both adults.
Jeffrey Ferguson, a native of Oakland, earned a bachelor's degree in biological sciences and social ecology from UC Irvine in 1973. He earned his law degree in 1982 from Western State College of Law, beginning his legal career the following year in the Orange County District Attorney's Office, where he later became a senior prosecutor assigned to the Major Narcotics Enforcement Team.
He was president of the North Orange County Bar Association from 2012- 14. The Orange County Narcotics Officers Association named him prosecutor of the year four times. He became a judge in 2015.
In 2017, he was admonished by the state Commission on Judicial Performance for comments he made on Facebook about a prosecutor who was campaigning to be a jurist and for maintaining "friends" status with three defense attorneys who had cases before him.
Sheryl Ferguson previously worked for the Santa Barbara and Orange County probation departments and later for the American Funds Service Company for almost 20 years prior to becoming a full-time mother.