A mistrial has been declared in the 2023 murder case of an Orange County judge who is accused of shooting and killing his wife, the Associated Press confirmed.

A judge declared a mistrial on Monday after a jury was unable to reach a unanimous verdict in the case against Superior Court Judge Jeffrey Ferguson, 74, who was charged with shooting and killing his wife Sheryl Ferguson in their Anaheim Hills home in August 2023.

The jury deliberated for more than 40 hours over eight days before determining they were unable to break the 11-1 stalemate on a second-degree murder charge, the outlet reported.

Prosecutors told the AP that they are planning to retry the case.

Prosecutors say Ferguson was drinking and shot her on purpose during the argument, while Ferguson claims the gun went off accidentally as he removed it from its holster. (AP Photo/Damian Dovarganes, Larry Rosen via AP)

The judge’s attorney told the outlet that he is hopeful there might be an agreement with prosecutors due to Ferguson’s age and the support he’s received from his wife’s brother and the couple’s son.

“I do think the evidence shows there was never any intent to intentionally kill anybody,” Cameron Talley told reporters, adding Ferguson’s life has already been destroyed, and he is still saddened by the loss of his wife.

Larry Rosen, Sheryl Ferguson’s brother, told reporters he was pleased with the outcome and doesn’t believe the killing was murder, adding he and his brothers feel the shooting was an accident, and he would like prosecutors to reach a deal with Ferguson.

“To me, it shows the jury, at least to some degree, is as conflicted as I am,” Rosen said. “I just don’t think murder is the right call. . I really don’t.”

A hearing to set a new trial date is scheduled for Thursday.

Fox News Digital’s Landon Mion and the Associated Press contributed to this report. 

Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com