Oliver James Montgomery-California judge who allegedly texted court staff that he shot his wife pleads not guilty

Orange County judge pleads not guilty to murder charge

A Southern California judge charged with killing his wife during an argument while he was drunk pleaded not guilty on Tuesday.

Orange County Superior Court Judge Jeffrey Ferguson remains free on $1 million bail, though he must wear an electronic tracking bracelet and stay within Orange, Riverside or Los Angeles counties. 

He also is prohibited from drinking alcohol or going to places where alcohol is the primary business, must surrender his passport, and is barred from owning any weapons or ammunition, according to CBS Los Angeles. Prosecutors also asked that he be barred from contacting his adult son, who called police after the shooting.

His next court hearing is scheduled for Oct. 30. 

The 72-year-old was arrested on Aug. 3 at his home in the upscale neighborhood of Anaheim Hills after police found his wife, Sheryl Ferguson, shot to death. Police said said she suffered from at least one gunshot wound. 

Prosecutors said in court filings that the couple had begun arguing at a restaurant. As they went home, the argument continued. The complaint alleged that Ferguson made a threatening hand gesture "indicative of pointing a gun at" his wife, according to CBS Los Angeles. When his wife said something to the effect of "Why don't you point a real gun at me?" the judge allegedly pulled a Glock .40 pistol from his ankle holder and shot her in the chest, according to court filings. 

Ferguson had been drinking at the time, the court document said. 

The couple's adult son and Ferguson called 911, and Ferguson texted his court clerk and bailiff to say he had shot his wife, according to the filings.

He texted: "I just lost it. I just shot my wife. I won't be in tomorrow. I will be in custody. I'm so sorry," according to the filing.

Ferguson also allegedly told officers who responded to the scene that he couldn't "believe (he) did this." 

Ferguson's attorneys have said it was an accident and a tragedy for the family.

The arrest shocked the Southern California legal community and officials have been grappling with how the case should be handled. The district attorney's office in Orange County — a cluster of cities about 25 miles southeast of Los Angeles that are collectively home to more than 3 million people — asked state officials to weigh in on whether there was a conflict before charging him last week. Ferguson was arraigned in Los Angeles.

Ferguson has been a judge since 2015. He started his legal career in the Orange County district attorney's office in 1983 and went on to work narcotics cases, for which he won various awards. He served as president of the North Orange County Bar Association from 2012 to 2014.

In 2017, Ferguson was admonished by the Commission on Judicial Performance for posting a statement on Facebook about a judicial candidate "with knowing or reckless disregard for the truth of the statement," and for being Facebook friends with attorneys appearing before him in court, according to a copy of the agency's findings.

Ferguson said on his Facebook page that he grew up in a military family and traveled throughout Asia as a child. He went on to attend college and law school in California. He and his wife were married in 1996.

As previously reported by CBS News, Sheryl Ferguson worked for the Santa Barbara and Orange County probation departments, and the American Funds Service Company for almost 20 years, before becoming a mother. 

The couple have two adult sons, according to CBS Los Angeles.

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• Shootings